Civil law

Other

Can Fred and Patrick make as much noise as they want, as long as it is before 11 pm?

Nope. The truth is that all tenants have to act in a way that doesn’t disturb others – no matter what time it is! The only noise level that is permissible is one that can be considered “normal” for an apartment where neighbours live close to each other.

Legally, neighbours are only expected to tolerate noises that can be considered “normal neighbourhood annoyances”. Normal and reasonable noises made by neighbours that we are expected to tolerate might include footsteps, the sound of a washing machine, television, dishwasher, someone practicing violin in the afternoon, a lawnmower on Saturday morning (ugh!) and even the laughter of friends at an occasional get-together. Noises that aren’t reasonable and that don’t have to be tolerated include: rollerblade relay races across the whole aparment, doing laundry at night, testing the maximum sound capacity of your home cinema for three hours…

The idea is simple: you have to respect your neighbours’ rights to peacefully enjoy their home. This shouldn’t stop Patrick and Fred from organising a party from time to time, provided of course that they keep the music and the sound of voices at a reasonable level.

But this well-known 11 pm rule is not totally an urban myth. It refers to the fact that in several cities, it is the time when excessive noise can be considered a “disturbance of the peace” and the police tend to be called.

Do Patrick and Fred have the right to a certain minimum number of noisy evenings?

It’s a common myth that tenants have the right to a minimum number of party nights per year.

Once again, the only rule that you should keep in mind is that you must always respect your neighbour’s right not to be disturbed. This means that Patrick and Fred can go ahead and have 365 parties (or 366 every leap year) as long as they don’t disturb anyone. But having only one big party a year (but what a party!) could prove to be too much.

What can their poor neighbours do to get them to stop making noise?

They can speak to the landlord. In fact, the landlord has an obligation to make sure that his tenants are not disturbed. Therefore, he must intervene whenever a tenant is disturbing his neighbours. But the landlord is not responsible for the noises made by neighbours who are non-tenants.

However, several municipalities have their own noise by-laws. So another solution for those with noisy neighbours is to contact the police, who are often responsible for enforcing municipal by-laws.

What can the landlord do to get Fred and Patrick to stop making excessive noise in their apartment?

He could start by giving them a simple notice asking them to stop making all that noise. If the two buddies decide to be stubborn and the noise continues, he could send them a demand letter, which is basically a letter asking someone to stop a certain behavior within a reasonable time period. If the loud parties continue despite his efforts, the landlord can ask the Régie du logement to cancel the lease. The Régie is an organization which is the tribunal that hears problems between landlords and tenants.

The landlord can also ask the Régie to order the noisy tenants to pay damages and interest to him for his troubles, like finding a new tenant, compensating other tenants who couldn’t sleep, etc.

What if the landlord refuses to get involved? The tenants can send a demand letter and if this doesn’t work, they can present a request at the Régie asking to cancel their lease. Or they could ask the Régie to order a reduction in rent for the nights they had to endure the noise coming from Fred and Patrick’s place.

Can Fred and Patrick invite as many people over as they wish?

The same logic that governs the issue of noise also applies to the number of guests permitted. In theory, Patrick and Fred can invite as many people over as they wish. But they still have to respect their neighbours right to tranquility. They must also make sure there is no damage to the apartment, that it remains in good condition, and that the situation remains safe.

If the landlord believes that the number of people in the apartment creates a danger (for example, 28 people on the balcony or in front of a fire escape), he could ask the municipality to intervene. Most cities have by-laws on the safety of dwellings and they can send their own inspectors to enforce them.

Can Fred deduct the cost of repairs he made to the apartment from the rent?

Only in very, very exceptional cases. The general rule is that the landlord is responsible for doing essential repairs in the apartment. This means that the only repairs that renters like Fred and Patrick are responsible for making are small maintainance repairs or repairs that result from them breaking something. The landlord is responsible for bigger jobs, including repairs that are urgent, necessary, and that cannot wait, like, for example: repairing the heating system in January (or anything else that can pose a danger to the tenants).

If the repairs are urgently needed, Fred and Patrick must first try to contact their landlord so that he can correct the situation. If the landlord cannot be reached, or worse, if he refuses to make the repairs, Fred and Patrick can then go ahead and to the work themselves. But beware! Tenants are limited to urgent situations and they must try to keep the costs as low as possible. For example, if the roof has a leak in it, this cannot be used as an excuse to add two new floors to the building!

After making the repairs, the tenants can then ask the landlord to reimburse them. Therefore, it is very important for them to keep all evidence that the repairs were urgent, especially receipts. They can only deduct the costs from their next rent if their landlord refuses to reimburse them. This can be done without having to go through the normal process of sending him a demand letter or going to the Régie de logement.

Other repairs, such as painting that should be done when new tenants move in, are generally discussed when the lease is being signed.

Can Patrick sign a lease even though he’s under 18?

If you’re 18 years old, you’re allowed to sign a lease yourself. For tenants under 18, landlords usually ask the parents (or tutor) to sign in their place.

Why? Because a minor doesn’t have the right to sign a contract like a lease. So the alternative is to ask his parent or tutor (this just means legal representative, not the person who helps you do your math homework!) to sign for him.

There may also be some “borderline” cases where a tenant is almost 18 and can afford to pay his own rent. If such a situation winds up before the Régie du logement, it will be up to the tribunal to decide whether the lease is valid depending on the circumstances. In general, though, minors in these instances have been considered to be capable of signing a lease.

Besides that, the only people under the age of 18 who can sign a lease are those who have been “emancipated”. This means that a court has granted the minor the right to fully exercise his civil rights just like an adult, like signing a lease, making a will, initiating legal proceedings, etc.

Can Fred and Patrick keep their dog Clochette in their apartment?

Only if it is not forbidden in their lease. If dogs are permitted, the two roomates have the duty to make sure that their darling bulldog does not leave a mess everywhere and doesn’t disturb the neighbours by yapping, whining, or running around wildly. They should also avoid treating the neighbour’s stoop as the dog’s “litter zone” or leaving the poor animal alone at home for three days.

Is Fred responsible for Patrick’s half of the electricity bill if he won’t pay his share?

As with the phone or Internet bills, responsibilty for the electricity bill all depends on whether both of the roommate’s names appear on the the bill and if the contract states that they are jointly responsible for its payment. If so, this means that the service providers can ask Fred to pay if Patrick fails to do so. On the other hand, if the bill is only in Patrick’s name or if the contract doesn’t mention that they’re jointly responsible, the provider cannot ask Fred to pay the money that’s owed. But, if month after month, the service provider only receives partial payments, it could become fed up and cut the service.

To prevent these difficulties, a simple solution would be to have an agreement between the roomates, preferably in writing, which clearly states who is responsible for paying what. It’s obviously better to come up with this type of an agreement before moving in together!