Calling on a lawyer to defend the tenant’s rights

The Civil Code of Quebec (C.C.Q.) sets out a whole list of the tenant’s rights and duties throughout the term of the lease. The purpose of this series of regulations is to protect the tenant’s interests and assert his or her rights in the event of rental difficulties. The intervention of a tenant’s rights lawyer is essential, but how can the expert help you?

A quick reminder of a tenant’s rights and obligations

The signing of a lease commits the tenant to certain obligations, but he also benefits from a number of prerogatives.

What are the tenant’s obligations?

Under article 1903, the tenant’s main obligation is to pay rent on the^{1st of} the month or on another date agreed in the lease. Article 1971 authorizes the landlord to terminate the lease in the event of non-payment, late payment of more than 3 weeks or late payment causing serious prejudice.

Taking out rental insurance is not a legal obligation. However, it can be included in the rental charges to cover the financial consequences of theft, home damage, etc

Tenants are required to comply with the use of the dwelling, and may not use a residential building as commercial premises.

Moreover, the landlord may require a surety bond for a tenant with no credit history.

What are the tenant’s rights?

Article 1854 underlines the tenant’s right to a dwelling in good condition and with functional equipment. This obligation implies that the landlord must take responsibility for urgent repairs aimed at preserving the tenant’s health and safety, and preventing the dwelling from becoming unfit for habitation.

Section 10 of the Quebec Charter protects the tenant’s human rights and freedoms, and prohibits all forms of discrimination (race, sexual orientation, age, religion, language, handicap, political conviction, etc.).

Article 1854 of the Civil Code emphasizes the tenant’s right to peaceful enjoyment of the property. Consequently, landlords may not offer access to the property to third parties, or harass tenants for any reason whatsoever.

What kind of disputes are troubling landlords and tenants?

Apart from unpaid rent and co-ownership concerns, tenants face many other sources of dispute with their landlords.

Failure to return the security deposit to the landlord

Some landlords require a security deposit in exchange for the keys to the property. Others are satisfied with part of the deposit. Failure to provide a security deposit is often the cause of a rental dispute. However, Canadian law prohibits the payment to the landlord of any sum other than the monthly rent (with the exception of work expenses payable by the tenant).

The tenant can therefore contest the return of a deposit.

Maintenance and repairs

Article 6 of law N°89-462 of July 6, 1989 requires the landlord to pay for maintenance work. However, some tenants refuse to undertake major work that could disturb their personal enjoyment of the property. The resulting discord escalates into a rental dispute.

To resolve the conflict, the 2 parties turn to the law. Article 1866 requires the tenant to notify his landlord of any equipment defects as soon as possible. Under article 1864, the tenant is also required to carry out urgent repairs.

Disturbances of enjoyment

Disturbances of use are a frequent source of conflict between landlords and tenants. Article 1854 guarantees tenants peaceful enjoyment of the premises. The victim of a disturbance of any kind notifies the landlord and demands his intervention. The landlord takes action and has recourse against the person responsible, unless the person is beyond his or her control. In that case, the owner must prove that the person at fault is not under his or her responsibility.

The landlord’s inaction opens the way to other solutions for the tenant:

• • demand a rent review;

• • demand lease termination;

• • demand relocation at the landlord’s expense..

If the case goes to court, the judge will have to make a decision based on the analysis criteria and evidence provided by the 2 parties.

What can you do to resolve a dispute with your landlord?

The best solution is amicable settlement. If this is unsuccessful, the complainant can initiate conciliation or appeal to the TAL.

Going to the Tribunal administratif du logement

The Tribunal Administratif du Logement (TAL, formerly known as the Régie du logement) deals with all matters relating to tenancy and landlord-tenant relations. It acts as a liaison between the various parties involved in a dispute.

The complainant tenant goes to the TAL to request :

• • termination of the lease ;

• • change or reduction of rent;

• • a dispute over charges;

• • compliance with obligations to enjoy the dwelling;

• • compliance with maintenance obligations..

Owners can also call on TAL’s services to :

• • request the tenant’seviction;

• • request payment of unpaid sums;

• • carry out certain repairs;

• • claim damages caused by rent arrears..

In all respects, the TAL will have the last word, and can decide what action to take based on its analysis.

Recourse to conciliation

Conciliation is a legal procedure carried out by the TAL at the request of the complainant. The court appoints a neutral person to act as conciliator. His or her role is to help the 2 parties communicate, find common ground and resolve the problem. The goal is to find the best solution that benefits both landlord and tenant.

Conciliation is free, quick and easy. It saves you from complex court proceedings.

Call on a specialist lawyer to defend your tenant’s rights

Getting out of a dispute without too many after-effects requires the intervention of a lawyer, but which one?

How can I find a lawyer specializing in tenant law?

Searching for a lawyer can be a tedious exercise, given the infinite possibilities on offer. Refine your search based on the legal expert’s specialty and choose a lawyer specializing in real estate law.

Then study the expert’s experience. Choose a lawyer who has already dealt with a landlord-tenant dispute. He or she will be able to study your case and resolve the dispute in record time.

Why use a tenant’s rights lawyer?

A tenant’s rights lawyer will provide you with the legal advice you need to solve your problem. His or her intervention begins with an analysis of the context and the case. He reviews all the details that could have an impact on the case. He then finds appropriate solutions.

The lawyer is a great help at every stage of the case. As soon as the owner is informed, he or she helps you put agreements on paper. During the mediation process, he negotiates with the defendant. If the case goes to court, he represents you and protects your interests.

Conclusion

Tenants have a number of rights when it comes to renting. It is his duty to defend his interests through a lawyer specialized in real estate or housing law. The specialist will resolve the dispute and help you find a solution in no time.