Tenant housing lawyers
Protecting Your Rights as a Tenant
As a residential tenant, a wide range of legal provisions and protections exist for you.
Our housing lawyers will be able to assist you in your residential rental disputes. You are currently renting an apartment, and you are questioning your rights; If you have received some kind of notice from your landlord or you do not feel that the landlord is meeting their obligations, look no further. You've come to the right place.
✦ Process
Our approach
At the heart of our practice is our lawyers' commitment to putting our clients first. We understand that every legal situation is unique, and we take the time to listen, understand your situation and develop the best strategy for you.
Consultation
A legal consultation is the first essential step in accessing our services. During this consultation, our lawyers will have the opportunity to hear and better understand your situation, so as to best answer your questions and concerns.
Legal advice
Thanks to their in-depth knowledge of various areas of law, our lawyers can provide you with legal advice and solutions that arerelevant and tailored to your situation.
Representation
You can count on the oratory skills and determination of our lawyers to represent you and defend your interests before courts or government agencies.
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When Should a Tenant Consult a Lawyer?
Here is a non-exhaustive list of the diƯerent types of cases in which we could assist you:
Rent Increase
Does your landlord increase your rent every year, but this time the amount seems unusually high? We can assist you in contesting a rent increase or we can also assist you in requesting supporting documents and negotiating this increase.
Housing Repossession and Eviction
Your landlord sends you a notice of repossession or eviction and you wonder if he or she has the right to repossess your home or evict you? We will help you assess the criteria for a repossession or eviction and inform you of the actions to be taken (if applicable).
Subletting
Do you want to sublet your home right now and would like to make sure your sublease is legal? We can assist you in the analysis of the terms of your lease and the process of exercising a sublease in a legal manner.
Termination of Leases
Do you want to end your lease or have you received a notice from your landlord that they are terminating it? We will assist you in the procedures related to the termination of your lease.
Neighbourhood Disturbances
You have the right to the peaceful enjoyment of the accommodation you are renting. Does your upstairs neighbour interfere with this enjoyment, because he listens to very loud music at night? We will assist you in the steps required to assert your right to live peacefully in your home.
What Can a Lawyer Do for a Tenant?
At Boavista, we oƯer several types of services to meet the objectives and needs of our clients:
1) Legal Advice
Whether it's your first rental or yet another rental experience, each case is diƯerent. It is normal for you to have questions about your rights and obligations as a tenant.
For this type of service, our lawyers will meet with you during an initial consultation to listen to you and take note of all the necessary elements in order to carry out an in- depth analysis of your case. Following this consultation, we will be able to write a legal opinion adapted to your situation and taking into account the elements raised during the consultation in order to assess your chances of success if you are thinking of filing a lawsuit.
This review can also be about a specific question so that you have the answers to your questions and the tools you need to deal with your situation.
2) Representation
Since 2022, the Court that has jurisdiction over disputes relating to a housing lease, the amount claimed for which is less than $100,000, is no longer the Régie du Logement. It is now the Tribunal Administratif du Logement.
Its main purpose is to resolve disputes between landlords and tenants.
Our lawyers will, of course, be able to represent you from the beginning to the end of the legal process. This takes the stress out of your work, since you can remain assured that, in addition to having done the research and preparation of the proceedings, it will be a legal professional who will represent you before the Tribunal.
During representations, your interests always remain at the forefront.
3) Mentoring/Coaching
Have you ever filed a lawsuit before the courts or administrative tribunals? Have you been notified of a request and would you like to have support in relation to the hearing?
Our lawyers oƯer a mentoring/coaching service for people who are considering defending themselves, but who would like to benefit from the advice of a lawyer on how to develop their case, prepare for the hearing and refine their arguments.
How Does the Administrative Housing Tribunal Work?
Submitting the application
You must go to the website of the TAL.
Then, you will find a wide range of forms for the various remedies or requests that can be presented before this court.
You will have to fill in the form and notify or transmit to the party against whom you are exercising a right, said request.
If the application is made, a file opening fee will be payable at the time of submission.
Summons to the Hearing
Once your application has been processed by the TAL, the latter will send you a notice to summon you to a hearing to assert your rights.
On this notice, you will find the date, time and place where the hearing will take place. It will also include several pieces of information necessary for the smooth running of the hearing.
Preparing for the Hearing
This is the time when you will gather the necessary elements for your defence and/or application to prove your claim.
It is also at this stage that a lawyer can assist you in the development of a complete file.
The Hearing
At this stage, you will go to court to present your arguments to the judge and your evidence to support your claims.
The opposing party will also be entitled to present its arguments or defence.
Please note that hearings are public, so you can attend any hearing to prepare for yours.
The Decision
This is the final step in the process. The judge will have to analyze all the elements presented at the hearing as well as the Law in order to render a judgment.
Section 41.1 of the Regulation respecting procedure before the Administrative Housing Tribunal provides that the judge must render a decision within three months of the hearing.
What are my rights as a tenant in Quebec?
The Civil Code of Québec provides several protections for tenants.
The landlord has an obligation to provide use of the leased property. This includes the guarantee of disturbance to enjoyment of the property.
The landlord also has an obligation to repair the rented property. Therefore, when you mention a problem or deterioration that is the landlord's responsibility, he cannot neglect it and must quickly take the necessary measures to improve and ultimately repair the situation.
In addition, he must guarantee that you will be able to live there, so a tenant living in a building unfit for habitation due to lack of maintenance, infestation or other reasons can exercise recourse against his landlord.
Contact us to obtain the information you need to exercise your rights.
This rule exists in several European countries, such as France and Belgium.
Unfortunately, this eviction restriction does not exist in Quebec, despite our very cold winters.
Therefore, a tenant can be evicted at any time of the year if the circumstances and criteria related to this eviction are present.
To learn more about the criteria for a landlord to evict their tenant, do not hesitate to contact us.
Although an individual may represent himself or herself before the TAL, the expertise of a lawyer is invaluable in ensuring rigorous representation and respect for judicial decorum.
The lawyer will take care of all the steps of the process and keep you informed of the progress of your case.
In addition, our lawyers will conduct the necessary research to identify the legal arguments in your favour and ensure an optimal defence.