Living in an apartment building sometimes means having to make concessions. So, if you have to accept a certain level of inconvenience from your neighbors, you need to be careful not to unduly disturb them in return. After all, as a tenant, you have an obligation not to disturb the peace of others, as stipulated by the Civil Code of Quebec:
The tenant is obliged to conduct himself in such a way as not to disturb the normal enjoyment of the other tenants.
He is obliged to the landlord and other tenants to make good the damage that may result from the breach of this obligation, whether the breach is due to his act or to the act of the persons to whom he allows the use of or access to the property.
In the event of a breach of this obligation, the landlord may request the termination of the lease.
However, it should be noted that the tenant must have a certain threshold of tolerance for the inconvenience caused by his neighbours. Indeed, the law provides that:
Neighbours must accept the normal inconveniences of neighbourliness which do not exceed the limits of the tolerance which they owe to each other, according to the nature or situation of their land, or according to local customs.
For example, it has been held that the tenant must listen to his music at a reasonable volume, avoid walking hard, running or jumping on the floor. In addition, the court has already concluded that a tenant working at night must be very careful not to disturb his neighbours, since the “noise tolerance is less great at times when it is customary for the occupants of a building to sleep.
It is also important to note that the obligation not to disturb the normal enjoyment of one’s neighbours applies as much to the tenant as to the people who live with him and his animals. Our lawyers help you with: Tenants’ rights, Abandonment of the dwelling, Pets, Rent increase, Deposit application, Rent deposit, Rodent infestation, Unfit for habitation, Delivery obligations, Repairs, Neighbourhood disturbances, Validity of the lease, Sale of housing
Your rights as a tenant
The landlord has a statutory duty to provide the tenants with peaceful enjoyment of the premises. In other words, the landlord must ensure that his tenants can use the unit in a normal manner and without undue inconvenience. This implies that the landlord has an obligation to act in order to put an end to the unpleasant behaviour of his tenant, as long as he goes beyond the threshold of tolerance that other tenants must have. This obligation is one of result, i.e., the landlord cannot claim to have taken reasonable steps to remedy it.
If you are in such a situation, you must report the offending behaviour to your landlord. The latter must take reasonable measures to ensure that you regain the peaceful enjoyment of the premises. If your landlord is unable to rectify the situation, you can go to court to get a reduction in the rent. If you can prove that the landlord did not act prudently and diligently to stop the inconvenience, you can also file a claim for damages. Finally, if the problem persists and you have reported it to the landlord, you can apply to the Tribunal administratif du logement to obtain the termination of the lease.
It is important to note that these three actions can only be brought against the landlord before the Administrative Housing Tribunal. In fact, this court will not hear a case between you and the offending tenant if you decide to sue the latter, since there is no lease between you. To go further, you will have to bring an action for extracontractual liability if you wish to sue the tenant at fault directly.
Your rights as an owner
The landlord also has a number of remedies against a tenant who breaches his or her obligations. To begin with, the landlord has a specific performance remedy and can, among other things, ask the court to order the problematic tenant to stop disturbing the peaceful enjoyment of his neighbours. The landlord can also bring an action for damages against the tenant who fails to meet his obligations.
Finally, an action to terminate the lease is also possible for the landlord, but only in drastic cases, and it will be necessary to show that the tenant has caused serious harm.
In particular, three elements must be demonstrated in order to be able to obtain the termination of the lease:
- The inconveniences are abnormal or excessive, persistent or repetitive;
- The tenant acted improperly or wrongfully;
- The tenant continued to act despite warnings;
Finally, if the landlord is ordered to pay compensation to the aggrieved tenant, the landlord may subsequently require the offending tenant to reimburse the amounts spent and any other damages suffered.
If you are experiencing neighbourhood disturbances, do not hesitate to contact us for legal advice or to benefit from our representation at the Administrative Housing Tribunal.