Summaries of decisions

Use of dwelling for commercial purposes

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

Lessees used the Airbnb platform to sublet their dwelling
Water damage caused by lessees' dishwasher

Summary of the application

The lessor seeks:

  • resiliation of the lease
  • $540 in damages
Outcome

The administrative judge awards:

  • $385 to the lessor for water damage caused to the building

The lease is not resiliated since the lessees have stopped advertising their dwelling for rent.

Lessees are ordered to cease all short-term rental or sublease of their dwelling.

Reasons

Lessees rented their dwelling twice.

The use of the dwelling for commercial purposes constitutes a change of destination of the leased property, which is contrary to art. 1856 of the Civil Code of Québec.

The lessor does not have insurance for this type of activity in the dwelling, which causes her serious prejudice.

Full judgment

Dion c. Atanasova (November 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.