Sometimes one begins a lease, and one has to put an end to it for different reasons in life. The tenant then has different options available to him in order to comply with his contract, namely the assignment of his lease or sublease of his dwelling, and in most cases he cannot put an end to his contract without the landlord’s authorization.
There are various exceptions allowing the tenant to terminate his contract prematurely, and leaving for a seniors’ home is part of it. However, it is not a question of just any residence in any kind of situation. It must be a residential and long-term care centre, an intermediate resource service, or a private residence for seniors where nursing or personal assistance are provided in view of his health situation, or any other place of accommodation where such care or services are offered to him.
“The lessee may recover damages resulting from repossession or eviction in bad faith, whether or not he has consented to it. He may also apply for punitive damages against the person who has repossessed the dwelling or evicted him in bad faith.”
The total amount claimed is $19,516.50. The evidence shows that the parties were bound by a lease from July 1, 2004 to June 30, 2005 at a monthly rent of $363.00. The dwelling is a three and a half room apartment located in a 16-unit building. On December 21, 2004, the tenant received an eviction notice from the landlord for June 30, 2005, because his dwelling had to be enlarged together with the neighbouring dwelling. On January 10, 2005, the tenant replied to the landlord’s eviction notice and refused to leave his dwelling but neglected to oppose the enlargement of his dwelling, as provided by the Civil Code of Québec:
It is obvious that the occurrence of damage affecting our dwelling is an inconvenience and an important source of unpleasantness for its owner. Luckily, the majority of owners of rental dwellings do not have to deal with such situations regularly.
In divided co-ownership, the syndicate of co-owners, members of the board of directors and sometimes its property manager are called upon to react to accidents in order to ensure the restoration of the parts of the building affected by the damage done, in the privative as well as the common portions.
Maintaining proper temperature in a dwelling is essential and can jeopardize the habitable condition of a home if it is not well managed. Several municipal bylaws deal with minimum housing heat. Responsibility for maintaining this temperature falls to the person who is, under the lease, responsible for heating the dwelling.
The tenant requests a rent reduction of $250 as of October 1, 2013, as well as punitive damages with interest. The reasons are as follows: “The landlady disturbs the tenant by unjustly accusing him of making excessive noise. She harasses the applicant by e-mail and telephone. She has already sent the police once and she knocks on the door often to complain for no reason.”
Then, through an amendment, the tenant increases his rent reduction request to $350 a month and he also adds moral damages plus interest of $4,000 for nuisance and inconvenience.