Tribunal administratif du logement
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You have just moved into a new apartment, and the building doesn’t seem as quiet as it did when you initially visited it.
You are a lessor, and you have signed a lease with some people who all seemed to be the quiet type at the time. No such luck!
Whether you are a lessor living in one of your own dwellings or a lessee, everyone is entitled to what is known as “peaceable enjoyment of the premises.” Being a good neighbour is thus in everybody’s best interest.
One lessee is being particularly noisy.
You’re willing to accept a certain amount of noise, but this crosses a line for you.
You decide to go over and talk to them. With all the tact you can muster, you ask them to please keep it down, and add that you would really appreciate their cooperation.
The noise levels go down for a few days, but gradually return to what they were before. You complain to your lessor and remind them that they are legally required to ensure that the building is quiet. In the meantime, you take daily or even hourly note of any excessive noise and where it is coming from, in case you ever have to testify before the Tribunal administratif du logement.
You are the lessor. Since it is your responsibility to ensure your lessees’ peaceable enjoyment of the premises you rent to them, you have to take action. If your noisy lessees do not heed your warnings, you can ask the Tribunal administratif du logement to terminate their lease. If you can prove that serious harm has been suffered, the Tribunal can either grant the lease termination immediately or order the lessees to stop making noise. If an order is issued and the lessees keep making a racket, the Tribunal will terminate their lease at your request.
What should you do if you’ve complained about the noise, but the lessor has not rectified the situation? One thing you can do is send them a formal notice that they must take action by a specific date (e.g., within 10 days), after which you may seek recourse from the Tribunal. Keep a copy of this formal notice for yourself and send the original by registered mail (with proof of receipt).
What should I do if the deadline has passed and the noise still hasn’t stopped?
In cases causing you serious harm, you may ask for your lease to be terminated.
You may also ask for a rent reduction if the noise is preventing you from fully enjoying your dwelling.
Finally, you may claim damages from your lessor, unless they can prove that they have tried everything in their power to get the offending lessees to stop.
If you file an application to the Tribunal administratif du logement, you and the other party will receive a summons to the hearing, where you will be required to prove your allegations in full.
Bring witnesses who can attest to the excessive noise. Bring a copy of the formal notice you sent to your lessor or the lessee (as applicable) and any other evidence supporting your application.
For more information, you can consult the Preparing for a hearing section.