Summaries of decisions

Condition of the dwelling

The Régie 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 a 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

Excessive humidity
Unpleasant odour
Mold in dwelling
Harassment

Summary of the application

The lessee seeks:

  • 50% rent reduction
  • $465 in damages
  • $7,500 in moral damages
  • $5,000 in punitive damages for harassment
Outcome

The administrative judge awards the lessee:

  • $570, representing a 40% rent reduction for the period between November 1, 2015, and January 31, 2016
  • $1,500 in moral damages
  • $2, 000 in punitive damages
Reasons

The lessee suffered an allergic rhinitis, with headaches and dizziness.

The lessee suffered a loss of actual, serious and substantial enjoyment of the premises.

As a result of this situation, the lessee had difficulty concentrating and trouble sleeping.

The lessor harassed the lessee for him to leave the dwelling.

Full judgment

Rajab c. Miron (February 20, 2019)

 

Issue

Major construction work to add a 5-storey wing to a residence for the elderly

Summary of the application

Lessees seek:

  • $73,381 in rent reduction, material damages, moral damages and punitive damages
Outcome

The administrative judge awards the lessees:

  • $13,500 in rent reduction
  • $10,000 in damages for cleaning the dwelling, trouble and inconvenience, stress, purchase of tissue and meals, travel and cleaning of furniture
Reasons

Inaction on the part of the owner for about 13 ½ months

Unbearable noises starting early in the morning

High vibrations

Dust

Full judgment

Richard c. 9181-1430 Québec inc. (January 16, 2019)

 

Issue

Carrying out major work in the dwelling
Temporary evacuation of the premises

Summary of the application

Lessees seek:

  • $1,802 in rent reduction, material damages and moral damages
Outcome

The administrative judge awards the lessees:

  • $423 for accomodation costs
  • $175 for food
  • $250 for transportation costs
  • $100 in rent reduction
  • $200 in moral damages
Reasons

Dwelling uninhabitable due to thick dust in all the rooms.

Lessees are within their rights not to return to their accomodation.

Failure to comply with the obligations to maintain the dwelling in a good habitable condition and to restore it to a good state of cleanliness after the completion of repair work.

Full judgment

Seignon c. Dumais (January 16, 2019)

 

Issue

Work in the building
Expansion and construction of another dwelling unit

Summary of the application

The lessee seeks a 20% rent reduction.

(monthly rent is $505)

Outcome

The administrative judge awards the lessee:

  • $870 in rent reduction, i.e. $30 per month
Reasons

Lessee was deprived of free and safe access to her balcony and a part of her shed for 29 months.

Full judgment

St-Jacques c. Tran (December 18, 2018)

 

Issue

Presence of rats and mice in the dwelling

Summary of the application

Lessees seek:

  • resiliation of the lease
  • $3,000 in material damages
  • $1,000 in moral damages
Outcome

The administrative judge declares the lease resiliated and awards the lessees:

  • $340 for moving and travel expenses to find a new dwelling
  • $50 for cleaning of the dwelling
  • $800 for trouble and inconvenience suffered
Reasons

The condition of the dwelling (presence of rats and mice) constituted a serious threat to the health and safety of the occupants of the dwelling.

The dwelling was unfit for habitation.

The abandonment of the dwelling was justified.

Full judgment

Mabrouki c. Assad (December 18, 2018)

 

Issue

Infestation of cockroaches
Noise caused by a neighbour

Summary of the application

The lessee seeks:

  • 50% rent reduction per month
  • $5,000 in moral damages

(subsidized monthly rent is $293)

Outcome

The administrative judge awards the lessee:

  • 3% rent reduction for the presence of cockroaches
  • 10% rent reduction for noise from the neighbouring dwelling
  • $500 in moral damages
Reasons

The lessor must, within a reasonable time, take action to eliminate cockroaches in the building.

Calling an exterminator is not enough if the problem recurs systematically.

The lessor must then take more effective measures to solve the problem.

The lessor has not sent a formal notice to the lessees who are making noise, despite the lessee's numerous complaints.

Full judgment

Sugisaka c. Freundlich (November 21, 2018)

 

Issue

Water damage
Installation of a washing machine
Failure to return waste pipe to the valve

Summary of the application

Lessors seek:

  • $2,733 in damages, in legal fees and expenses
Outcome

The administrative judge awards the lessors:

  • $2,500, which is the deductible they had to pay to benefit from their insurance coverage
Reasons

Lessees were negligent when installing their washing machine.

This is not superior force.

They are responsible for the water damage.

Full judgment

Benoit c. Deshaies (November 6, 2018)

 

Issue

Presence of cockroaches
Worn floor in the kitchen

Summary of the application

The lessee seeks:

  • 30% rent reduction per month
  • $2,500 in moral damages
  • that the lessor be ordered to exterminate cockroaches and perform certain work

(monthly rent is $241)

Outcome

The administrative judge awards the lessee:

  • 30% rent reduction
  • $2,500 in moral damages
Reasons

The lessor has requested the services of the exterminators on several occasions to eradicate the cockroaches infestation, without success.

The lessor did not take the necessary steps to ensure that all the other lessees in the dwelling comply with the guidelines for cleaning their dwelling, to yield maximum effect from an extermination treatment for the entire building.

The condition of the kitchen floor is the result of a lack of maintenance by the lessee.

Full judgment

Laroche c. SHDM (November 5, 2018)

 

Issue

Heating
Minimum ambient temperature threshold
Removal of a parking space

Summary of the application

The lessee seeks:

  • that the lessor be ordered to repair or replace the heating system
  • rent reduction
  • $5,000 in moral damages

(monthly rent is $715)

Outcome

The administrative judge awards the lessee:

  • 1 ) For the heating problem
    • $1,200 in rent reduction
    • $2,000 in moral damages
  • 2 ) For the removal of a parking space
    • $120 for this loss in rental value
    • $300 for trouble and inconvenience
Reasons

The Règlement sur le logement of the Ville de Montréal requires the owner to have a permanent heating system that ensures a minimum temperature of 21 degrees Celsius.

On every cold winter days, the temperature of a dwelling may drop by a few degrees while the heating system struggles to maintain the required temperature. This situation must be of short duration and the temperature must not reach an unreasonable level.

Full judgment

Moudji c. Saviolakis* (November 2, 2018)

* Application for revocation of judgment dismissed

 

Issue

Overcrowded dwelling
Uncleanliness
Excessive noise

Summary of the application

The lessor seeks:

  • resiliation of the lease
Outcome

The lease is resiliated.

Reasons

The risk of fire or contamination is increased due to the crowded condition of the dwelling, which threatens the safety of the building's occupants.

The lessee disrupts the peaceful enjoyment of the premises by constantly playing her radio, day and night, at a very high volume.

Full judgment

Habitat Métis du Nord c. Béland (April 11, 2019)

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. Régie du logement), and enter French key words such as “bruit” (noise), “moisissure” (mould), “zoothérapie” (animal therapy), “résiliation” (resiliation), “expulsion” (eviction), etc.