Summaries of decisions

End and renewal of the lease

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

Fire

Summary of the application

The lessee seeks:

  • $14,905 in damages
  • that the lessor be ordered to rent to him the dwelling he lived in before the fire
Outcome

The lessee cannot return to his dwelling following the fire.

No amount is awarded to the lessee for the damage he suffered as a result of the fire.

Reasons

The fire resulted in the complete loss of the building.

The object of the lease, i.e. the dwelling, was completely destroyed.

Notification of abandonment not required to be exempt from paying rent.

No liability on the part of the lessor for damage suffered by the lessee as a result of the fire.

Fire caused by another lessee superior force.

Full judgment

Primeau c. 9287-2878 Québec inc. (January 14, 2019)

 

Issue

The lessee has not complied with an order to pay her rent on the first of each month

Summary of the application

The lessor seeks:

  • resiliation of the lease
  • recovery of unpaid rent
Outcome

The administrative judge:

  • renews the order rendered against the lessee for a period of 24 months
Reasons

The lessor accepted the late payment of rent without reservation or protest.

The lessor has therefore implicitly waived her right to resiliate the lease for failure to comply with the order.

Full judgment

Tremblay Gattillo c. Fajardo (March 18, 2019)

 

Issue

The lessee refuses the lessor's application for repossession of the leased premises

Summary of the application

The lessor seeks:

  • authorization to repossess the lessee's dwelling as a residence for herself
Outcome

The administrative judge:

  • authorized the lessor to repossess the dwelling
  • granted an indemnity of $3,500 to the lessee for moving expenses
Reasons

The lessor is 80 years old.

The purpose of article 1959.1 of the Civil Code of Québec is to protect seniors, under certain conditions, in the context of an application for repossession of dwelling or eviction.

Despite the lessee's age (70 years old) and the fact that he has been living in the dwelling for 10 years, the lessor may obtain repossession due to her own age and her intention to use it as residence for herself.

Full judgment

Dubois c. Aspell (April 18, 2019)

 

Issue

The lessor informed the lessees that he would like to repossess their dwelling as a residence for himself

Summary of the application

The lessor seeks:

  • authorization to repossess the lessees' dwelling as a residence for himself
Outcome

The administrative judge:

  • authorized the lessor to repossess the dwelling
  • granted an indemnity of $1,500 to the lessees for moving expenses
Reasons

The lessor proved that he in fact intends to repossess the dwelling as a residence for himself and that it is not a pretext for other purposes.

It is not necessary for the dwelling to be occupied on a continuous basis for the repossession to be considered permanent.

The lessor may choose to live in it intermittently like in a pied-à-terre or part-time, provided that the occupancy is not temporary.

The lessor does not have any other 5 ½ dwellings that would be available.

Full judgment

Crocco c. Perron (February 19, 2019)

 

Issue

The lessee refuses to vacate his dwelling

Summary of the application

The lessor seeks:

  • authorization to repossess the lessee's dwelling as a residence for his two daughters, as of July 1, 2019
Outcome

The administrative judge:

  • dismissed the lessor's application because it does not comply with the criteria set out in article 1963 of the Civil Code of Québec
Reasons

The notice of repossession contains an error in date since it specifies that the lessor intends to repossess the dwelling at the end of the lease, i.e., January 1, 2019.

It is not a simple clerical error, because the law requires that notice be given at least six months prior to the expiry of the lease.

The lessor has not convinced the Tribunal that his application is not a pretext for other purposes, considering in particular the difficult relationship between the lessor and lessee and the short duration of the occupancy.

Full judgment

Felizaire c. Assio (January 31, 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.