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)

 

Issue

Cockroaches and bedbugs in the dwelling

Heating failure

Defects in the dwelling

Summary of the application

The lessee seeks:

  • the resiliation of the lease retroactively to March 1, 2018
  • $3200 in rent reduction for the period from July 1, 2017 to February 28, 2018 (i.e. $400 per month or 57% of the rent)
  • $2800 in rent reduction for the period from March 1, 2018 to June 30, 2018 (i.e. $700 per month or 100% of the rent)
  • $10 000 in moral damages
  • $6124 in material damages
  • $30 000 in punitive damages

(monthly rent is $700)

Outcome

The lease is resiliated on March 1, 2018.

The Régie grants the lessee:

  • $1680 in rent reduction from July 2017 to February 2018 (representing 35% of the monthly rent)
  • $1120 in rent reduction from March to June 2018 (representing 40% of the monthly rent)
  • $8000 in moral damages
  • $624 in material damages
  • $8000 in punitive damages
Reasons

The lessor could not ignore the cockroach and bedbug problem in the building.

At the time the lease was signed, the lessor had an obligation to inform the lessees that there were cockroaches and bedbugs in the building.

The extent of the infestation and the lessor’s inaction in resolving that problem disqualify the habitability of the dwelling and cause the lessee serious prejudice.

The lessee is not entitled to the full amount of the rent, since the lessee lived in the dwelling and the dwelling was not declared unfit for habitation.

The intentional and malicious behaviour on the part of the lessor’s employees (formal notice sent to the lessee by mistake, heating failure, disrespectful behaviour) justifies the awarding of punitive damages.

The amount of punitive damages awarded must reflect the financial capacity of the person who commits the prejudice, to avoid sending the message that one can violate another person’s fundamental rights with little consequence.

Full judgment

Lumande c. Raamco International Properties Canadian Ltd. (June 25, 2019)

 

Issue

Dwelling unfit for habitation

Mould

Necessary repairs

Summary of the application

The lessees seek:

  • the resiliation of the lease
  • $10 060 in rent reduction (50% from April to December 2015)
  • $10 000 in moral damages
  • $28 201 in material damages
  • $804 in expert fees
  • $258 for attendance before the tribunal

(monthly rent is $2500)

The lessors seek:

  • $7500 in lost rent (3 months)
  • $16 500 in material damages
Outcome

The lease is resiliated.

The Régie grants the lessees:

  • $10 060 in rent reduction
  • $8000 in moral damages
  • $1171 in material damages

The lessors’ application is dismissed.

Reasons

To establish that a dwelling is unfit for habitation, the evidence of contamination must be based on objective criteria; the contamination and its extent must be identified.

An inspection of the house revealed the presence of highly toxic mould.

Vacating the premises was justified.

The symptoms experienced by the occupants (nose and throat irritation, sinusitis, loss of voice, coughing and mucus buildup, etc.) are directly related to the condition of the dwelling.

The evidence shows a significant and substantial loss of enjoyment of the premises for the lessees (water infiltrations in the basement, hole in the living room ceiling, condition of the patio wooden boards, unusable swimming pool, cluttered storage spaces).

Full judgment

Lemay c. Fernie (June 19, 2018)

 

Issue

Cockroach and mouse infestation

Intense heat in the children’s bedroom

No screens in the windows of the dwelling

The lessor’s negligence in resolving the problems

Summary of the application

The lessees seek:

  • the specific performance of the lessors’ obligations
  • a 50% rent reduction as of March 2017
  • $2000 in moral damages

(monthly rent is $765)

Outcome

The Régie grants:

  • $2100 in rent reduction
  • $1500 in moral damages
Reasons

Genuine, serious, significant and substantial loss of enjoyment.

The lessor showed little concern for the problems experienced by the lessees and did not follow the recommendations of the exterminator.

Full judgment

Bouzidi c. 9291-5370 Québec inc. (June 19, 2018)

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.