Régie refuses early lease termination claim based on handicap

In a ruling made this fall by Administrative Judge Lucie Sabourin, the Régie du logement accepted part of the building owners’ request for damages due to the tenant leaving before the end of the lease. The tenant sent the owner an early lease termination notice by reason of a handicap, as proscribed in section 1974 of the Civil Code. The rental board found that the tenant did not prove that she had a handicap, which would permit the use of this provision.

The facts

The parties were associated through a lease for the monthly rent of $585, for the period of July 1, 2015, to June 30, 2016. On March 2, 2016, the tenant sent the owners two months’ notice and a medical note. The note stated that she needed to live in an apartment accessible by elevator. The tenant specified that she has difficulty using stairs. On May 1, 2016, she left the apartment, which was only to be rented by a new tenant as of July 1.

The owners were requesting reimbursement for the rent lost in May and June plus $650 in electricity costs. They justified the latter part of the request by claiming that the tenant may have left the back door open causing a spike in heating costs. The tenant denied that claim, confirming that the unit lost heat because it was not well insulated and there was damaged weather stripping.

The ruling

In her analysis, Administrative Judge Sabourin made several preliminary comments and briefly summarized case-law on the subject. The interpretation of section 1974 is quite narrow and places the burden of proof on the tenant. Thus, the termination notice must name a specific and clearly identified handicap. A medical certificate is typically sufficient, as long as it provides the owner detailed, complete and conclusive information.

After examining the medical note, the administrative judge found it to be insufficient proof. It was not detailed enough to enable the court to confirm that the tenant had a handicap in the legal sense.

For these reasons, Administrative Judge Sabourin authorized the owners’ claim for two month of rent ($1,170), yet refused the claim for energy costs as the evidence was inconclusive.