Legal Briefs

Until 2010, these legal briefs provide examples of judgments pertaining to everyday situations. Beginning in 2012, they deal with various topics of general interest, such as rental issues, family law, human rights, civil liability, insurance, dealings between spouses and social aid. They are intended to inform and to prevent undesirable situations.

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Legal Briefs 2024

  Month

Number

Legal brief

August

 07

Neighbourhood disturbances between tenants

You’ve been renting a new apartment for a few months and the neighbours are too noisy.
According to article 1854 of the Civil Code of Québec (hereinafter the “C.C.Q.”), landlords,also referred to as lessors, have the obligation to provide their tenants with peaceableenjoyment of their dwelling throughout the term of the lease. Thus, if one of the othertenants in the same building repeatedly disturbs your peaceful enjoyment of yourapartment, you can give your landlord a formal notice to comply with his obligation.
Tenants, also referred to as lessees, are bound to act in such a way as not to disturb thenormal enjoyment of the other tenants (1860 C.C.Q.) It is the landlord’s responsibility toensure that tenants respect each other’s rights, since the lease is the legal contractbetween a landlord and a tenant. As for the landlord, he can even go so far as to ask forthe resiliation of the lease of the disturbing tenant and/or ask for damages. In such a case,the evidence must establish serious harm resulting from the tenant’s repetitive andconstant behaviour, such as the odour of cigarette smoke, violent behaviour or excessivenoise.
Tenants, however, must “suffer the normal neighbourhood annoyances that are notbeyond the limit of tolerance they owe each other, according to the nature or location oftheir land or local usage” (976 C.C.Q.).
A tenant who is disturbed by another tenant can also claim a retroactive rent reduction ordamages from the landlord to whom he has reported the disturbance and who has failed tofulfil his obligation to put an end to it (1861 C.C.Q.). Articles 1860 and 1861 C.C.Q. areprovisions of public order that the TAL must ensure are respected.
If the disturbance includes harassment by the landlord or the delinquent tenant, the TALmay also order the defendant to pay punitive damages under article 1902 C.C.Q.
In all cases, if you are a victim of neighbourhood disturbances, don’t hesitate to consult alawyer at the legal aid office nearest your home to ensure that, in accordance with theservices covered by the Act respecting legal aid and the provision of certain other legal services, your rights as a tenant are respected.

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Don't hesitate to have your eligibility for legal aid evaluated by making an appointment at a legalaid office near you. You can also check your eligibility online here.
To find the contact information for your legal aid office, please click on the following link www.csj.qc.ca.

Legal brief *
August  2024
Number  07
Text prepared by   Me Mireille Bonneau, Jonquière
Update by   CSJ
* The information set out in this document is not a legal interpretation.
The masculine is used to designate persons solely in order to simplify the text.

July

 06

What's my risk? Youth criminal justice system (young offenders)

Legal aid lawyers regularly represent young persons facing criminal charges in youth court. The following is one of the questions they are asked most frequently during the initial meeting: What sentence am I likely to receive? more

June

 05

Are childcare expenses taken into consideration in determining financial eligibility for legal aid?

Isabelle, who is the mother of one child, is about to separate. She works in housekeepingin a hospital at an annual salary of $39,000. She does not own any real estate and has$6,000 in savings in a bank account. However, she has to pay $1,750 in annual childcareexpenses for her six-year-old son. Isa more

May

 04

Social Assistance - Understanding the New Basic Income Program

Social assistance, social solidarity, basic income – it’s easy to get lost in the many government programs available to people experiencing difficulties.

The Quebec government has established two programs for the province’s residents who are in a precarious situation: (1) The Social Assistanc more

April

 03

De Facto Spouses* and financial eligibility for legal aid

Lea and William are the parents of a 15-year-old girl named Rose. Rose chose to live with her father when her parents split up two years ago. She now wants to move in with her mother and Annabelle, her mother’s partner, but her father disagrees. Rose’s mother thus quickly makes an appointment with a more

March

 02

Conciliation Before the Administrative Tribunal of Québec: What Can I Expect?

Conciliation before the Administrative Tribunal of Québec (hereinafter the “ATQ”) is a type of process referred to as alternative dispute resolution.

But what does that actually mean? more

January

 01

Can a police complaint be withdrawn?

Perhaps you filed a police complaint against someone a few days ago and now wish to withdraw it. You should know that it may not be possible to do so.

First, it’s important to understand that when police receive a complaint, theygenerally conduct an investigation to gather as much evidence as more