A tenant who detects traces of mould in his housing sometimes takes the fast track with his legs.
However, often there is more fear than harm. You should know that not all moulds are harmful to our health, and would, by extension, exceptionally give the right to a tenant to leave his housing:
Section 1915 of the C.c.Q. stipulates what follows:
"A lessee may abandon his dwelling if it becomes unfit for habitation, but he is bound to inform the lessor of the condition of the dwelling before abandoning it or within the following 10 days.
Tenants are protected against housing repossessions obtained in bad faith. The tenant, under Section 1968 of the Civil Code of Quebec, may recover damages + interest resulting from a repossession of a housing in bad faith, whether he has consented or not to the recovery of his housing. He may also ask punitive damages + interest from the offending owner, in addition to moral and material damages.
In a recent judgement of the Court of Québec, Small Claims Division¹, a co-owner who has caused water damage to the building was condemned to pay the syndicate of co-owners the sum of $6,397.00 representing the insurance franchise and legal fees. In turn, the co-owner’s personal insurer was ordered to pay the sum of $5,897 to the co-owner who took legal action against him on warranty.
he tenant submitted to the Régie du logement a request for lease termination of a dwelling unfit for habitation and to declare it to have been as such since 1 October 2011. The tenant claims, also, material and moral damage and reimbursement of overpaid rent. The monetary claim arises essentially from determining the uncleanliness of the housing.
In the fall of 2010, the tenant’s housing suffers from water infiltration. A few weeks later, a new infiltration occurs. The roof was finally repaired a few weeks later.
Nowadays, everything is done more and more on the Web. The use of paper is becoming less and less popular and online banking transactions have become the rule rather than the exception.
In this context, many tenants request electronic funds transfer for the payment of their rent.
The Régie du logement ruled on whether the owner was obliged to accept this payment method.