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LAMBERT AVOCATS

Avocats SAAQ, Responsabilité civile, Recours collectifs à Montréal et les environs

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          • Aquatic accidents
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  • About
    • Services
      • Class Actions
      • Civil Liability
      • Medical Liability
      • Car Accidents
      • Work Accidents
      • Victims of Criminal Offence
      • Retraite Québec
      • Social Welfare
      • Disability Insurance
      • Criminal Law
      • Penal Law
      • Disciplinary Law
    • Philosophy
      • Protection of your rights
      • Personalized service
      • Trust
    • Legal Fees
      • Percentage
      • Fixed
      • Hourly rate
      • Legal Aid
      • Legal Insurance
    • Distinctions
      • Consumer Choice
      • Three Best Rated
    • Press
      • Class Actions
      • Civil Liability
      • Administrative Law
      • Disability Insurance
  • Team
    • Lawyers / Representatives
      • Mtre Jimmy Ernst Jr. L. Lambert
      • Mtre Benjamin W. Polifort
      • Mtre Loran-Antuan King
      • Mtre Yahia Belhaddad
      • Mtre Felicia Rotaru
      • Mtre Sandra H. Kim
      • Mtre Olivier Hankins-Meilleur
      • Mtre Bo Chi Zhang
      • Mtre Philippe Brault
      • Daphné McConnell
    • Assistants
      • Jeannie Nguyen
      • Céline Slamani
      • Rubi Barboza Gomez
      • Emilie Leblanc
    • Bar Students / Interns
      • Mtre Mégane Rousseau
      • Sandrine Puchin
    • Students
  • Administrative Law
    • Car Accidents (SAAQ)
      • Your SAAQ file
        • Challenging a SAAQ decision
        • Application for administrative review to the SAAQ
        • SAAQ Administrative Review Decision
        • Recourse to the Tribunal administratif du Québec
        • Conciliation at the Tribunal administratif du Québec
        • Trial at the Tribunal administratif du Québec
        • Review of the judgment of the Tribunal administratif du Québec
        • Recourse to the Superior Court
      • Dispute period
      • Income replacement indemnity claim
      • Compensation for bodily injury
      • Compensation for psychological damage
      • Determined employment and return to work
      • Relapse, recurrence or aggravation
      • Causal link
      • Personal assistance at home
      • Request for reimbursement
    • Work Accidents (CNESST)
      • Contestation of a CNESST file
      • Income replacement indemnity
      • Employment
      • Compensation for relapse
      • Civil action for a work accident
    • Victims of Criminal Offence (IVAC)
      • Criminal acts covered by the IVAC
      • Criminal Compensation Lawyer
      • Victims of physical assault
      • Compensation for unemployed victims
      • Fault of the victim
      • Rehabilitation
    • Retraite Québec
      • Refusal of a request
      • Work income
      • Family allowances
      • Surviving spouse’s pension
      • Supplement for disabled children
      • Progress of the file
    • Social Welfare
      • Marital life
      • Misrepresentation or fraud
      • Investigation
  • Civil Law
    • Civil Liability
      • How to prove the damage
      • Assessment of civil damage
      • Compensation for bodily injury
      • Injuries caused by a fall
      • Injuries caused by the ruin of a building
      • Liability of the city in case of lack of maintenance
      • Responsibility of the school
      • Fact of the goods
    • Medical Liability
      • Remedies for compensation
      • Medical negligence and unnecessary treatment
      • Surgical errors and early discharge from hospital
      • Misdiagnosis
      • Malfunction of medical devices
      • Code of Ethics of Physicians
    • Prosecuting your aggressor in civil proceedings
      • Criminal vs. civil hearing
      • Prescription
    • Contractual Law
      • Claim for damages
      • Letter of formal notice
    • Disability Insurance
      • Disability Insurance
    • Hidden Defects
  • Class Actions
    • Ongoing Class Actions
      • Coloplast
      • Canada Post
      • Nintendo
      • Samsung
      • Videotron
      • Car dealers
      • GoFundMe
      • Fever
      • Hyundai (paint)
      • Brewers
      • SAQ
      • Psycom
      • Volkswagen (water leak)
      • “Alcohol-free” products
      • Ticketmaster
      • Diocese of Gaspé
      • Diocese of Rimouski
      • Diocese of Rouyn-Noranda
      • Social media
      • Bread recall
      • Kia (paint)
      • Audi (oil)
      • Tequila
      • STM
      • DoorDash (tips)
      • Lafontaine Tunnel
      • Public Storage
      • Volkswagen (ID.4)
      • Nissan (paint)
      • Nissan (roof)
      • Nordik Spa
    • Completed Class Actions
      • Metro Metro Festival
      • Cogeco
      • DoorDash
      • Ironman
      • StockX
      • Croisières AML
      • Web Hosting Canada
      • UberEats
      • UberEats (Service Fees)
      • Laurentian Bank
    • Frequently asked questions
      • What are the steps of a class action?
      • How do I become a class member in a class action?
      • How to make a claim?
      • How much to receive as compensation?
      • When to receive compensation?
  • Criminal Law
    • Offences
      • Assault
      • Assault on a peace officer
      • Break and enter
      • Criminal negligence
      • Dangerous driving
      • Fraud
      • Hit-and-run
      • Impaired driving (DUI)
      • Mischief
      • Murder and attempted murder
      • Obstruction of justice
      • Possession of drugs and other substances
      • Possession of firearms
      • Sexual assault
      • Theft and possession of stolen goods
      • Threats
    • Procedure
      • Rights and freedoms in the event of arrest
      • Interim release
      • Elements of a criminal offence
      • Sentencing
      • Application for a record suspension
    • Charter Rights
      • Right to be informed of the reasons for arrest and right to counsel
      • Right to silence
      • Presumption of innocence
      • Right to be free from arbitrary detention or imprisonment
      • Right to be secure against unreasonable search or seizure
    • Defence
      • Coercion and necessity
      • Error of fact
      • Ignorance of the law
      • Intoxication
      • Self-defence
      • Not criminally responsible
      • Provocation
  • Penal Law
  • Disciplinary Law
    • Dentists
    • Engineers
    • Judges
    • Notaries
    • Nurses
    • Opticians
    • Optometrists
    • Psychologists
    • Real Estate Brokers
    • Veterinarians
  • Housing Law
    • Tenant Representation
      • Abandonment of housing
      • Pets and Rental Housing
      • Rent increase
      • Request for Deposit
      • Deposit: Illegal or Not?
      • Rodent infestation
      • Housing unfit for habitation
      • Obligations of delivery, maintenance, and fitness of the property
      • Repairs in the home
      • Neighbourhood disturbances
      • Validity of the lease
      • Sale of housing
    • Landlord Representation
      • Hidden defect lawyers
      • Death of the tenant
      • Eviction
      • Non-payment of rent and frequent delays
      • Repossession of accommodation
      • Termination, Sublease and Assignment of Lease
  • Aviation Lawyers
    • Passenger Rights
      • Travel insurance
      • Right to assistance
      • Right to compensation
      • Right to information
      • Right to care
      • Disclaimer
      • Carrier’s Obligations
      • Additional obligations of airlines
      • Penalties
    • Laws and regulations
      • Air Passenger Compensation
      • The Montreal Convention
      • International Civil Aviation Organization (ICAO)
      • European Regulation
    • Complaints procedure
      • Relevant documents and information to keep
      • Claim Form
      • Small claims claim
    • Special situations
      • Cessation of an airline’s activities
      • Rights of passengers with special needs
      • Denied boarding
  • Legal Capsules
    • General
      • Prescription
      • Guide to writing a letter of formal notice
      • Small Claims Court
      • Representing yourself in court without a lawyer
      • Recording a conversation
    • Civil Liability
      • Aquatic accidents
      • Boat accidents
      • Skiing accidents and other winter sports
      • Accidents during a hunting activity
      • Recreation
      • Burns caused by aesthetic care
      • Transmission of an STI
      • Dog bite or attack
      • Responsibility of a babysitter or daycare
      • Bullying at school
      • Defamation
    • Consumer Law
      • Unfair term in terms of membership
      • Punitive damages
      • Misrepresentation in advertisements
      • Cancellation fees
      • Extended warranty
      • Illegal pricing practice
        • Price Accuracy Policy
        • Additional fees in consumer contracts
      • Abusive loans
      • Flight delay, cancellation or overbooking
      • Telecommunications companies
        • Complaint to the Commission for Complaints for Telecom-television Services (CCTS)
        • Termination fees for telecommunications contracts
    • Car Accidents
      • After a car accident: the impact on victims
      • Compensation for an accident that occurred while using a vehicle
      • Accident with a snow removal vehicle
      • Injuries sustained in an automobile accident outside Quebec
      • Compensation by the SAAQ for personal assistance at home
      • The SAAQ’s no-fault regime
      • Simulation
    • Work Accidents
      • Accidents at work while working from home
      • Civil action for a work accident
      • Accident at work outside working hours
      • Presumption of occupational diseases
      • De Quervain’s tendinitis
      • Cannabis use in the workplace
      • Guide for victims of psychological harassment at work
    • Victims of Criminal Offence
      • Psychotherapy for the victim of criminal offence
  • Career
  • Reach us
  • English
    • Français

Rodent infestation

You are here: Home / Rodent infestation

Rodent infestations are never desirable, but mice frequently invade homes and disrupt the lives of tenants. Fortunately, the law provides rights for tenants subject to these conditions, as well as obligations for landlords to avoid them or provide a solution to this type of problem.

Landlord’s obligations

Under the Civil Code of Québec, a landlord is required to deliver a dwelling that is in a good state of habitability and in a good state of cleanliness. This means that the landlord has an obligation to provide housing in good condition, clean and habitable to its tenants.

Since these obligations are of result and public order, the landlord cannot avoid liability in the event of non-compliance with these rules. Nor can they derogate from their contractual obligations, for example by having the tenant sign a lease that includes a clause that recognizes the cleanliness of the unit.

The law emphasizes the importance of cleanliness of the home. A landlord cannot rent or deliver a dwelling that is unfit for habitation. The Code defines ” improper as a state that constitutes a serious threat to the health or safety of occupants or the public, or one that has been declared as such by the court or by the competent authority. To find out more, we invite you to read our page on Delivery Obligations.

Tenant’s obligations

It should be noted that the tenant also has obligations to be respected. They must be proactive and report situations that are detrimental to the landlord. In addition, it must give the landlord the opportunity to remedy the problem in a timely manner to prevent further damage from being caused. The tenant is also responsible for maintaining the unit in a clean state and using it responsibly.

Damages awarded

A breach of a health duty by the landlord gives rise to the same remedies as a breach of a lease obligation. More specifically, the landlord’s failure to comply with the duty of sanitation allows tenants to claim damages, terminate the lease, request specific performance, or request a reduction in rent. In the case of a rodent infestation, moral damages may be awarded in addition to material damages.

Moral damage aims to compensate moral damage, i.e. damage that affects the psychic, emotional or psychological integrity of a person. This type of damage is therefore intended to compensate for the troubles, annoyances, inconveniences, loss of enjoyment of life, pain, and psychological suffering that a person may have suffered. This damage is established following an assessment of the uncleanliness made by the competent court, the Administrative Housing Tribunal. The assessment of uncleanliness is done objectively, to see if an ordinary person could live in the same conditions.

Rodent infestation

Then, the assessment of the damages is made according to the rules of evidence set out in the Civil Code of Québec. Since the burden of proof rests on the person who wants to assert a right, the tenant must prove that there has been real non-pecuniary damage. To do so, he will have to demonstrate the damage resulting from a fault and the causal link between these two elements. Although the moral damage is not pecuniary in nature, the court may award a sum of money, once the damage has been demonstrated, to compensate for it.

In light of the current state of case law, the amounts awarded by the court in moral damages in cases of mouse infestation generally range from $200 to $600. However, this range of compensation is not fixed and, depending on the case, factors such as the nature and duration of the damages, or even the harm suffered, could influence the amount awarded by the court. In addition, a tenant who has suffered such a situation may also claim a reduction in rent in addition to the amounts claimed for non-pecuniary damage.

It is important to note that an amount of moral damages will only be awarded if there is a fault on the part of the landlord as well as an identifiable causal link between these two elements. For example, the landlord’s inaction despite numerous denunciations by the tenant constitutes a fault. In the absence of these elements, the court will not award moral damages. Consulting a housing lawyer can be crucial.

Alternatives

In addition, the tenant may also have recourse to other solutions provided for in the Code:

  • He may refuse to take possession of the dwelling issued to him if it is unfit for habitation. In this case, the lease is terminated by operation of law.
  • They can even abandon their home if it becomes unfit for habitation. In this case, the tenant has an obligation to notify his landlord of the condition of the dwelling, either before the abandonment or within 10 days of the abandonment.

Here are some of the most common cases encountered by our customers:

  • Tenant Representation
    • Abandonment of housing
    • Pets
    • Rent increase
    • Request for Deposit
    • Rent deposit
    • Rodent infestation
    • Housing unfit for habitation
    • Issuance obligations
    • Repairs
    • Neighbourhood disturbances
    • Validity of the lease
    • Sale of housing

If you are faced with a rodent infestation situation, do not hesitate to contact us immediately to defend your rights before the Administrative Housing Tribunal with the help of a specialized lawyer.

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1200, McGill College avenue, #1800, Montréal (QC) H3B 4G7

MONTRÉAL: (514) 526-2378 (LAMBERT)

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Notice: Please note that the information on this site is provided for informational purposes only, without warranty. It does not constitute legal advice and does not establish an attorney-client relationship.

To obtain a legal advice from a lawyer, please contact us by contact form or by phone at (514) 526-2378 (514-LAMBERT).

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