Decisions of the Tribunal Administratif du Logement may be appealed with permission from a judge of the Court of Québec, when the issue at stake is one that should be submitted to the Court of Québec.

An appeal of a decision of the Tribunal Administratif du Logement will generally be authorized by a judge of the Court of Québec, when the issue submitted by the applicant is serious, new, of general interest or controversial.

A question may be considered serious when it: - Involves the application of the Charter - Addresses the issue of the competence or jurisdiction of the Administrative Housing Tribunal - Determines the scope of the tenant's rights and obligations - Determines the scope of the landlord's rights and obligations - Affects the tenant's right to remain in the premises A question may be considered new for the purposes of the appeal, when it raises an original, unexpected or innovative character A question of general interest refers to a group interest as opposed to a particular interest . This suggests that the issue will have repercussions on the rights and obligations of a group or category of persons. For example, a question concerning either the rights and obligations of landlords or tenants.

A controversial question refers to a jurisprudential or doctrinal contradiction.

1) Limited contractual freedom

In the contract of tenure, the parties have very little contractual freedom, as the majority of the rules governing housing law are intended to protect the tenant and are therefore of public order.

2) The written contract of hire

Ideally, the lease contract or lease must be in writing. The Tribunal Administratif du Logement makes available to landlords a mandatory form that serves as a written lease between the landlord and the tenant. However, the owner who enters into a verbal lease must give the tenant, within 10 days of his / her conclusion, the entitled Mandatory Writing form. These forms are for sale in the offices of the Tribunal Administratif du Logement.

1) Liberté contractuelle limitée

Dans le contrat de louage, les parties ont très peu de liberté contractuelle, car la majorité des règles régissant le droit du logement visent à protéger le locataire et par conséquent, sont d'ordre public.

2) Le contrat de louage écrit

Idéalement, le contrat de louage ou bail doit être écrit. Le Tribunal Administratif du Logement met à la disposition des propriétaires, un formulaire obligatoire qui tient lieu de bail écrit entre le propriétaire et le locataire. Cependant, le propriétaire qui conclut un bail verbal devra remettre à son locataire, dans les 10 jours de sa conclusion, le formulaire intitulé Écrit obligatoire. Ces formulaires sont en vente dans les bureaux du Tribunal Administratif du Logement.

Harassment is defined in doctrine and jurisprudence as conduct that manifests itself in repetitive words or acts and which results in a continuing restriction of a tenant's right to peaceful enjoyment of the premises or to obtain That it leaves the housing.

Owners or landlords and their representatives (janitors, managers) must be particularly careful in their dealings with tenants so that they do not feel harassed. The jurisprudence on this subject is very abundant and each situation is unique.

Obligations:

1. Paiement du loyer à la date convenue (voir non-paiement du loyer) 2. Utilisation du logement avec prudence et diligence
3. Ne pas changer la forme ou la destination du logement
4. Maintenir le logement en bon état de propreté
5. Permettre les réparations urgentes et nécessaires
6. Respecter le droit d'accès et de visite du locateur (voir droits du locateur)
7. Ne pas troubler la jouissance paisible des lieux des autres locataires ou du locateur
8. Aviser le locateur d'une défectuosité ou détérioration substancielle
9. Remettre le logement dans l'état où il l'a trouvé

Droits:

1. Demander une dimunition du loyer
2. Demander la résiliation du bail (voir résiliation du bail)
3. Maintien dans les lieux
4. Jouissance paisible des lieux loués

Obligations:

1. Provide housing in good repair, habitation and cleanliness

2. Maintain the dwelling in good condition

3. Make any necessary repairs except those to be borne by the tenant

4. Do not change the shape or destination of the dwelling

Rights:

1. Request the cancellation of the lease (see cancellation of the lease) in case of non-payment of rent or in case of non-compliance with the obligations of the lease (see non-payment of rent)

2. Modify a condition of the lease (see housing lease)

3. Request a relocation allowance in case of unilateral termination and without right of the tenant (see rights and obligations of the tenant)

4. Access and visit the dwelling

5. Increase the rent (see rent increase)

A tenant who believes that the dwelling occupied by or in which he is about to move represents a danger to his health or a threat to his safety, may:

- Refuse to move into a dwelling whose condition represents a serious threat to his or her health or safety.

- Abandon housing that constitutes a serious threat to the health or safety of the occupants. It is then required to notify the owner of the condition of the dwelling prior to abandonment or in the days that follow.

As a result, an owner can not lease or provide housing that is unfit for habitation, the landlord also has an obligation during the lease to ensure that the dwelling that he hires is safe and clean to dwelling

We can help you better prepare your file as part of an application for termination of your lease and / or damages for unsanitary and unfit accommodation.

A tenant who does not respect its obligation to pay the rent may be in an unfortunate situation.

In fact, the landlord can obtain the termination of the lease if the tenant is over three weeks late for the payment of the rent. He may also request the termination of the lease when he is prejudiced by the fact that the tenant frequently delays the payment of the rent.

Following a request to terminate the lease for non-payment of rent, the court may terminate the lease and order the eviction of the tenant despite appeal.

Have you received a notice of hearing from the Tribunal Administratif du Logement?

1. The Tribunal Administratif du Logement is an administrative tribunal responsible for resolving disputes between tenants and landlords.

2. The procedure before the Tribunal Administratif du Logement is simple and respects the rules of natural justice. The parties may assert their rights or be represented by counsel.

3. The Tribunal Administratif du Logement has jurisdiction over any application for a housing lease where the amount claimed, the value of the thing claimed or the interest of the applicant is less than $ 70000. It also has jurisdiction over any application, regardless of the amount, relating to the renewal of a lease, the fixing of the rent, the resumption of housing, the eviction of the dwelling or the lease of a low-rent dwelling ...

4. Some decisions of the Tribunal Administratif du Logement may be appealed on leave to appeal to the Court of Québec, others may be withdrawn or rectified as appropriate. On the other hand, these remedies are subject to rigorous delays, hence the importance of acting quickly to preserve your rights.

An owner who wishes to carry out an improvement or major non-emergency repair in a dwelling must notify the tenant within the time prescribed by law.

If the landlord and tenant do not agree on the conditions under which improvements or repairs may be made, they may apply to the court to impose any terms and conditions that the court considers fair and reasonable.

Where the court is seized of an application as to the conditions under which the work is to be carried out, it shall be the duty of the owner to prove the reasonableness of the work and the conditions.

Both the owner and the tenant can request the termination of the current lease. However, the reasons for the termination differ depending on whether you are a property owner or a tenant.

Let us first note that the lease can like any contract terminate with the consent of both parties.

In most cases, the landlord asks for the termination of the lease for non-payment of the rent or because of prejudice due to delays in payment of the rent.

The tenant may ask for the termination of the lease in progress in the following cases:

- It is allocated low-cost housing

- He can no longer occupy his dwelling due to a disability

- He or she is an elderly person and is permanently admitted to a residential and long-term care center or a shelter.

The tenant can at any time request the intervention of the court if the owner does not respect its obligations in the lease and that there exist cases of termination of right of the lease when the housing is declared unfit for habitation.

A party to the litigation before the Tribunal Administratif du Logement may request a revocation of the decision if it believes that the findings of the tribunal could have been different if:

- She had been present at the hearing

or

- If, although present at the hearing, the party was prevented from providing evidence by surprise, fraud or for any other reason that the court may find sufficient

or

- If the court has failed to rule on a part of the application, or has ruled beyond what is claimed in the application.

The request for withdrawal must be made within 10 days of the date on which the requesting party becomes aware of the decision or, as the case may be, within 10 days of the time when the request for withdrawal has ceased to be effective.

If the party was the defendant in the application that gave rise to the impugned decision, his request for withdrawal must contain the summary reasons and defense pleadings that he claimed at the first hearing.