SOLUTIONS AND LEGAL PROCEEDINGS FOR A LANDLORD
Should you experience any form of harassment, such as invasive and/or choleric behavior, abusive language, physical or psychological abuse, incessant recourses at the Rental Board, or any other form of inappropriate behavior, a lawyer will help you defend your rights.
The harassment problematic in a residential leasing context shows itself in situations where divergent or opposing interests meet. A common example arises out of the right for a landlord to visit the leased property in order for him to ascertain its condition and the right of a tenant to the peaceable enjoyment of their dwelling and privacy.
Therefore, there is a fine line between proceeding to a respectful verification of the leased premises made in good faith and abusive visits which would reduce the peaceable enjoyment of one’s property thus causing a prejudice to the tenant’s private life.
It must be noted that the nature of harassment requires repetition and/or continuity of the impugned behavior. However, one major event may be deemed as harassment if the effects of the event continues such as to deprive one’s peaceable enjoyment of the leased property.
A simple conflict, or a difference of opinion cannot be characterized as harassment. Harassment implies an intention or objective in bad faith to either evict the tenant or diminish the tenant’s peaceable enjoyment of the leased property.
However, the Rental Board does not have jurisdiction to adjudicate matters pertaining to the harassment of a landlord by a tenant. It is the Court of Quebec that will have jurisdiction to award damages for the harassment suffered by a landlord.
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 firstname.lastname@example.org
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.