Neighborhood annoyances

According to Article 976 of the Civil Code of Québec, a neighbor must tolerate normal neighborhood annoyances which do not surpass the limit of reasonable tolerance.

What constitutes “reasonable” and “normal neighborhood annoyances” will vary depending on locality and intended usage of the immovable, which implies that the same behavior will be appreciated differently depending on the specific circumstances of every situation. For example, it is “reasonable” to hear a neighbor’s rooster sing early in the morning in a rural area but allowing a rooster to sing early in the morning in downtown Montreal may be deemed “unreasonable”.

It is always the best practice to try to settle any neighborly dispute amicably even if you do not get along with your neighbor. However, if you cannot reach a mutually beneficial agreement with him/her, the first step is to send a letter of demand in order to compel him/her to comply with his/her legal and/or obligations. This may require, amongst other things, the cessation of harmful behavior, the granting of compensation for failing to comply with your requests, etc.

Consequently, if your neighbor fails comply with your requests and persists in his default, you may bring the matter in front of the Rental Board and seek the protection and enforcement of your rights which may be obtained by way of a safeguard order, forcing your neighbor to stop the action that caused the dispute in the first place or by forcing him/her to remedy the situation as urgently as possible.

In the event that there is no sense of urgency regarding the dispute, you can file a claim for damages and/or a reduction in rent to obtain compensation for the harm that you have suffered as a result of the other party’s breach of their obligation.

If you are looking for a law firm with reasonable rates, quick and efficient turnaround time for your files and who provides personalized and effective follow-ups, call Schneider Attorneys at (514) 439-1322 ext. 112 or email us at info@schneideravocat.com

The above noted text should not be construed as providing legal advice or a statement of your claim. The process highlighted above are merely parameters and barometers and do not constitute any warranties and guaranties with regards to your file at hand. We strongly recommend that you seek legal advice with a licensed attorney from the Barreau du Quebec or a notary at the Chambre des Notaires. Each case must be seen and analysed on its merits as the legal process may be complex and cumbersome.