Infiltration of water: cold shower for a tenant

A tenant was sentenced by the Régie du logement to pay a landlord a fee of $ 11,423 for failing to inform her that water had been leaking from her bedroom ceiling for 10 years.

In her decision, the Judge Marilyne Trudeau indicated that the damage to the unit could have been limited with a quick denunciation from the tenant years before.

In October 2017, following the visit of a maintenance employee, the owner discovered significant water damage in the tenant’s bedroom. The ceiling plaster had fallen, the floor was soggy and a bucket had been placed under the leak to collect the water. The ceiling of the dwelling directly below was also damaged.

In front of the court, the tenant explained having verbally informed the representatives of the owner about fifty times, in particular the workers mandated for various works, without however remembering exactly when or to whom these opinions had been given. He also admitted that he never sent a written notice to the landlord to warn him that the roof was sinking.

Believing that the owner was "extremely" negligent in the maintenance of the building, the tenant claimed in return for an order for the execution of the work, a rent reduction of 40% since March 2016, and a compensation of 2000 $ for troubles and inconveniences.

According to Judge Trudeau, the tenant could not demonstrate that he had validly informed the landlord of the situation. In addition, the evidence showed that the owner proceeded quickly to repair the roof after becoming aware of the infiltration problem. The court, however, allowed the tenant's application in part and ordered repairs to the bedroom ceiling, which remain to be completed.

Recognizing that the tenant was not responsible for the infiltration of water, the Régie found the tenant 50% liable and sentenced him to pay half of the $ 22,846 claimed by the owner to pay for the work. Finally, the court acknowledged the serious harm caused to the landlord. The administrative Judge, however, preferred to use her judicial discretion and not terminate the lease, as the owner requested.