Summaries of decisions

Use of dwelling for commercial purposes

The Tribunal makes summaries of decisions on various topics available to you.

That tool could be useful to prepare your application or as part of a conciliation session. For example, it could help you estimate the amount of damages to which you are entitled or the nature of the orders likely to be issued by the Tribunal.

Warning

The following examples of judgements are provided for information purposes only.

Several factors can influence an administrative judge’s decision. For example, a clause provided for in the lease, the relevance and quality of the evidence provided, etc. In summary, each case is different and each decision depends on the evidence submitted to the Tribunal.

Issue

Lessees used the Airbnb platform to sublet their dwelling

Water damage caused by lessees' dishwasher
Summary of the application

The lessor seeks:

  • resiliation of the lease
  • $540 in damages
Outcome

The administrative judge awards:

  • $385 to the lessor for water damage caused to the building

The lease is not resiliated since the lessees have stopped advertising their dwelling for rent.

Lessees are ordered to cease all short-term rental or sublease of their dwelling.
Reasons

Lessees rented their dwelling twice.

The use of the dwelling for commercial purposes constitutes a change of destination of the leased property, which is contrary to art. 1856 of the Civil Code of Québec.

The lessor does not have insurance for this type of activity in the dwelling, which causes her serious prejudice.
Full judgment

Dion c. Atanasova (November 19, 2018)

 

Issue

The lessee used Airbnb to offer her dwelling for rent

Hotel activities

No certificate of operation
Summary of the application

The lessor applies for:

  • resiliation of the lease
Outcome

The lease is resiliated.
Reasons

The lessee has changed the destination of the leased premises, which is not permitted under article 1856 C.C.Q.

The lessor does not have any insurance covering this type of activity in the dwelling, which causes her serious prejudice.

If the persons who take up temporary residence in the dwelling are tourists, the lessor, as owner of the building, could be ordered to pay a fine because the lessee does not have a certificate of operation, which contravenes the Act respecting tourist accommodation establishments.

If it involves persons who want to take up temporary residence at this address, then the lessor is deprived of her right to verify the identity of the sublessees, contrary to what is provided for in articles 1870 and seq. C.C.Q.
Full judgment

Habitations du Centre-Ville c. Tchatat (July 29, 2019)

 

Issue

Surveillance camera

Privacy
Summary of the application

The lessee applies for:

  • an order for specific performance (removal of cameras)
  • $500 in moral damages
  • $200 in punitive damages
Outcome

The Tribunal awards the lessee:

  • $350 in moral damages
  • orders the lessor to move two surveillance cameras to ensure the lessee’s privacy is respected
Reasons

The lessor installed ten surveillance cameras in the corridors and on the outside walls of the immovable. Two cameras could capture images of the lessee’s dwelling.

Although the presence of these cameras may be justified by a concern for safety in public places and spaces, they should not capture images that infringe on the lessee’s rights to privacy and the full enjoyment of the leased premises.
Full judgment

Desrochers c. 9341-9117 Québec inc. (June 4, 2021)

Note to reader: The above examples of decisions were selected and summarized by SOQUIJ. In rare instances, they may have been appealed from before a higher court. If you wish to cite one of those judgments before a tribunal, it is recommended that you check the plumitif of the courthouse in question.

Continue searching

If need be, you can consult other decisions with regard to dwelling leases by using the search engine (in French only) available free of charge on the SOQUIJ website. For best results, simply select a tribunal (e.g. Tribunal administratif du logement), and enter French key words such as “bruit” (noise), “moisissure” (mould), “zoothérapie” (animal therapy), “résiliation” (resiliation), “expulsion” (eviction), etc.

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