The lessee seeks:

• resiliation of the lease
• $383 for material damages
• $2,680 representing the rent paid for September to December 2018

(monthly rent is $670)

The Régie:

• dismisses the lessee’s application because her consent was not vitiated by fraud on the part of the lessor at the time of signing the lease

The lessee was fully informed of the electricity costs paid by the previous lessees.

The lessor informed her of the factors that could have an effect on the overconsumption of energy.

The information sent at that time was relevant and decisive.

The lessee’s lifestyle is partly responsible for the costs incurred; she left the windows open during the cold season to air out the dwelling.

Blanchard c. Poirier (July 11, 2019)

The lessor requests that the lessee perform his obligation to take out liability insurance.

The lessee must take out a liability insurance policy and provide the lessor with proof of this insurance.

The clause of the by-law requiring the lessor to hold liability insurance cannot be declared illegal.

The lessee had a duty, when he signed the agreement requiring him to take out an insurance policy, to do research in order to make an informed decision to enter into a lease.

The lessee was not misled or deceived by the lessor at the time of entering into the lease.

9355-9706 Québec inc. c. Kwart Owusu (December 17, 2019)

The lessees apply for:

• rent reduction
• for an order forcing the lessor to provide the professional services of registered nurses at all times

(the monthly cost of services offered to the lessees is $813)

The Tribunal:

• orders the lessor to provide the professional services of registered nurses to the lessees at all times until the lease is modified to lawfully remove this service in accordance with legislative provisions
• condemns the lessor to pay $2,800 in rent reduction
• grants a monthly rent reduction of $300 as of February 1, 2020, and for future rent payments, until nursing services are provided to the lessees

The notice of modification of the lease does not specify that nursing care will no longer be provided by registered nurses.

The annual meeting of lessees cannot constitute a notice of modification of the lease.

The lease was therefore renewed with the same services as those set out in the previous lease.

Patoine c. Domaine Parc des braves* (February 18, 2020)

The lessees apply for:

• 50% rent reduction as of August 1, 2015, due to the state of the windows and the balcony door
• an additional 10% reduction as of February 15, 2017, for the loss of caretaker services

The Tribunal awards the lessees:

• 10% rent reduction as of August 1, 2015, until the lessor replaces the windows and patio door of their dwelling
• 3% rent reduction as of February 15, 2017, until the services of a resident caretaker are re-established in the immovable

A formal notice is not necessary when it is obvious that the lessor is fully aware of the lessees’ grievances.

The malfunctioning of all the windows in the dwelling leads to an actual loss in the rental value and full enjoyment of the leased premises.

Since the departure of the resident caretaker from the immovable, the quality of caretaker services has decreased.

To restore the balance between the parties’ prestations where there is a substantial decrease in service and not loss of service, the Tribunal grants a rent reduction.

Dumont c. Gestion Forest Hill inc. (April 3, 2020)

Application for leave to appeal dismissed (September 10, 2020)

The lessors claim:

• Recovery of rent
• $1,965 representing three months’ re-rental indemnity
• $407 in damages

(monthly rent is $655)

The Tribunal awards the lessors:

• $2,046 in unpaid rent and for re-rental expenses

The Tribunal dismisses the application against the guarantors.

The by-laws of the immovable must contain rules for the enjoyment, use, and maintenance of the dwellings and of the common premises.

The solidarity clause included in the by-laws of the immovable, which is incorporated into the lease, cannot be considered as being expressly stipulated within the meaning of article 1525 of the Civil Code of Québec since the lessees did not affix their initials next to it.

The initial lease does not state that the guarantors agreed to a term that extends beyond the initial lease (art. 1881 C.C.Q.). Consequently, the guarantors cannot be held liable for amounts claimed by the lessor.

Laurendeau c. Chevrillier (October 13, 2020)

The lessees apply for:

• resiliation of the lease
• reimbursement of rent for July and August 2019
• $1,000 in damages
• $3,500 in moral damages

(monthly rent is $1,500)

The lease is resiliated and the Tribunal awards the lessees:

• $1,000 in rent reduction
• $100 in damages due to the uncleanliness of the dwelling upon its delivery
• $816 for their moving expenses
• $500 in moral damages

The lessor did not respect its obligation to deliver the dwelling in a clean condition.

The lessor knew or should have known that there were rodents in the leased house. There is no other explanation for the high presence of excrement when the lessees took possession of the premises.

The lessees’ consent at the signing of the lease was vitiated by the lessor’s failure to adequately inform them of the prior presence of rodents, even if he had no malicious intent.

Ordonez c. Taranjit Lubana (October 14, 2020)

The lessor applies for:

• resiliation of the lease
• recovery of rent

The lease is resiliated and the Tribunal awards the lessor:

• $16,000 in unpaid rent

The Bills of Exchange Act does not apply to electronic transfers. Instead, reference should be made to the general rules of evidence set out in the Civil Code of Québec regarding payments, in particular article 1564 C.C.Q.

The lessee has the burden of establishing the payment of rent.

The lessee has not provided any evidence confirming that the lessor accepted his bank transfers. Therefore, the validity of his electronic payment has not been established.

Lee c. Choko (August 19, 2020)