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.
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:
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.