Her medical condition did not justify leaving before the end of the lease

As the Régie du logement ruled in a recent judgement, there has to be a significant change in a Tenant's medical condition to justify a termination of the lease before the end of the term.

In this file, despite the Landlord's refusal to terminate the lease, a Tenant left her dwelling. The latter got rented again three months later. Hence the Landlord claims a $1,846 re-rental compensation, equivalent to the dwelling three-month vacancy.

The story begins as the Tenant requires to terminate her lease based on the article 1974 of the Civil Code of Quebec which mentions that a Tenant can terminate their lease “if he can no longer occupy his dwelling because of a handicap”. She attaches a letter of a Psychiatrist to her request notifying that she cannot stay in the dwelling due to a suicide attempt and major depressive episodes. The Psychiatrist supports the testimony and adds that she has a long history of depressive episodes.

Following the analysis of the evidence, the Commissioner concludes that the arguments advanced by the Tenant do not allow her to qualify based on the article 1974 criteria. Indeed, the evidence submitted shows that she has been suffering from similar problems for many decades. The Tenant medical condition was known at the time the lease was signed. However serious, this condition does not state any particular change that would prevent the Tenant to continue occupying the dwelling. Consequently, the Commissioner awards a $1,846 compensation to the Landlord.