Summaries of decisions

Termination 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)

 

Issue

Repossession of the dwelling

Summary of the application

The lessor applies for authorization to repossess the lessee’s dwelling.

Outcome

The lessor’s application is dismissed.

Reasons

In a notice of repossession, the date fixed for the dwelling to be repossessed, the name of the beneficiary and, where applicable, the degree of relationship or the bond between the beneficiary and the lessor shall be indicated (art. 1961 C.C.Q.).

The words “for personal use” in the notice do not inform the lessee of identity of the beneficiary of the repossession of the dwelling.

If the lessee refuses to leave the dwelling, the lessor must file his application within one month after the refusal (art. 1963 C.C.Q.).

The lessor’s application was filed after the deadline.

Full judgment

Arseneau c. Gagnon (April 26, 2019)

 

Issue

The lessee suffers from chronic lower back pain with sciatica. His condition worsened after he began occupying the dwelling.

He sent a notice of resiliation of the lease under art. 1974 C.C.Q. (ground of handicap) along with a medical opinion.

Summary of the application

The lessor applies for:

  • recovery of unpaid rent at the time of the lessees’ departure on July 25, 2017
  • damages for loss of rent (four months from August to November) and cleaning of the dwelling ($200)
  • $1,015 indemnity for re-leasing (energy, screening and advertising costs)
  • $25 banking fees
  • monthly rent is $1,100
Outcome

The lessor’s application is granted in part.

The notice sent by the lessee is valid and he is condemned to pay the lessor:

  • $2,479 in rent until resiliation of the lease on September 7, 2017
  • $200 for the cost of cleaning the dwelling
  • $5 in bank fees for the lessee’s cheque that was returned because of insufficient funds (actual prejudice)
Reasons

Article 1974 C.C.Q. authorizes a lessee who suffers from a handicap to be released from his or her lease for a dwelling that he or she can no longer occupy because of the handicap.

The lessee must give two months’ prior notice and provide a medical certificate.

The lessee could no longer live in the dwelling because he has to use steps to access it.

The lease was officially resiliated two months after the notice was sent to the lessor on September 7, 2017.

Full judgment

9269-6111 Québec inc. c. Faguy (April 30, 2019)

 

Issue

Repossession of the dwelling

Summary of the application

The lessor applies for:

  • authorization to repossess the lessee’s dwelling as a residence for the lessor’s 84-year-old uncle, of whom he is the main support
Outcome

The lessor is authorized to repossess the dwelling.

The lessee is awarded an indemnity of $1,800 for moving expenses.

Reasons

The lessor is the only member of his uncle’s family living in Canada.

The terms “support” and “main support” must be given broad and general meanings.

The lessor has demonstrated that the purpose of the repossession he wishes to exercise:

  • is to have his uncle reside close to him to provide for his moral, psychological, family and social needs
  • is not to evict the lessee
  • is not to constitute a pretext for other purposes
Full judgment

Ignelzi c. Girard (April 23, 2019)

 

Issue

Repossession of the dwelling

Indemnity (art. 1967 C.C.Q.)

Summary of the application

The lessors apply for:

  • authorization to repossess the lessee’s dwelling as a residence for their daughter as of July 1
Outcome

The lessors are authorized to repossess the dwelling.

The lessee is awarded indemnities of $1,900 for moving expenses and $100 for the cost of connecting to various services.

Reasons

The fact that the lessee paid rent below market value is not a factor prohibiting repossession of the dwelling, although it might lead the court to question the lessor’s motive.

The Régie du logement may not award damages to the lessee in any form or under any head whatsoever (e.g., length of occupation, roots in the neighbourhood, time lost in finding another dwelling, painting expenses, etc.).

The indemnity must be limited to actual moving expenses.

To determine the indemnity, the Régie must consider recent applicable case law, the size of the dwelling, the number of occupants, the location of the dwelling (on ground floor or on an upper floor with no elevator) or the presence of specific belongings generating additional moving costs (e.g., a piano).

It is well known that moving costs during the peak period between June 24 and July 7 are almost twice as high as those regularly charged.

Full judgment

Alcantara c. Gauthier (February 7, 2019)

 

Issue

Modification of a condition of a lease

Summary of the application

The lessors apply for:

  • rent to be fixed
  • the lease to be modified to prohibit lessees from smoking tobacco and cannabis in their dwelling and in the common areas of the building
Outcome

The agreement between the parties increasing monthly rent by $10 is recognized.

The application to modify the lease is dismissed.

Reasons

An application to modify the conditions of a lease under art. 1947 C.C.Q. may not be made to penalize lessees for the non-performance of a contractual obligation (in this case, the allegations of nuisance caused by secondary cannabis smoke).

When lessees breach their obligations, the lessor has recourses, including that under art. 1863 C.C.Q.

Adding a clause to the lease to prohibit smoking in the dwelling and common areas of the building infringes on the rights of the lessees, who have a right to privacy, to remain in the premises.

Full judgment

Thiboutot c. Morin-Courchesne (May 23, 2019)

 

Issue

Assignment of a lease

Unjustified refusal

Summary of the application

The lessee seeks:

  • a ruling on the reasons for the refusal
  • a ruling on the validity of the assignment

The lessor seeks:

  • the resiliation of the lease
  • the recovery of a balance for May 2019 ($178.06)
Outcome

The lease is resiliated retroactively to May 1, 2019, the fault lying with the lessor.

Reasons

The lessee has the right to assign the lease, and the lessor cannot circumvent that right by offering to resiliate the lease instead.

The lessor must take the necessary steps to obtain relevant information in order to make her decision.

The lessor did not establish a serious reason for her refusal.

The candidate found another dwelling due to the lessor’s unjustified refusal to authorize the assignment.

Full judgment

Laflamme c. Gestion Reluc inc. (June 6, 2019)

 

Issue

Eviction for enlargement

Summary of the application

The lessor objects to the notice of eviction.

Outcome

The objection is allowed.

Reasons

The lessor did not demonstrate the feasibility of the project from a structural standpoint or show that the work planned complies with applicable regulatory standards (zoning and urban planning).

The seriousness of the project (feasibility) is shown by:

  • rigorously analyzing the financial framework
  • preparing of plans
  • obtaining the opinions of professionals (e.g. architects or engineers)
  • submitting the cost of the work
  • obtaining the required permits
Full judgment

Doyle-Gosselin c. 9299-2551 Québec inc. (April 25, 2019)

 

Issue

Repossession of the dwelling

Main support (interpretation)

Summary of the application

The lessor seeks authorization to repossess the dwelling so that his 84-year-old uncle can live there.

Outcome

The application is allowed.

The lessee is awarded an indemnity of $1800 for moving expenses.

Reasons

The lessor is his uncle’s moral, psychological, family and social support.

The dwelling is not being repossessed in order to evict the lessee.

Full judgment

Ignelzi c. Girard (April 23, 2019)

 

Issue

Low-rental housing

Sublease prohibited

Airbnb

Summary of the application

The lessor seeks the resiliation of the lease.

Outcome

The lease is resiliated.

Reasons

The lessee is bound to inform the lessor of the arrival of a new occupant (article 18 of the By-law respecting the conditions for the leasing of dwellings in low-rental housing).

Renting a dwelling on a day-to-day basis through Airbnb constitutes a change of purpose of the building.

Such rentals create additional risks for the lessor.

Full judgment

Office municipal d’habitation de Sept-Îles c. Jomphe (June 26, 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.