An apartment not delivered on the agreed date can be rather costly

The Régie du logement has retained part of the $4,120 claim requested by tenants who could not move into their new apartment before 4 p.m. on May 1st. Their move was particularly complicated and the housing unit was not yet habitable.

They were to take possession of the dwelling on April 26; however the landlord postponed their moving date to May 1^st, since the renovations that were agreed upon were still not executed. The toilet was only installed on May 2^nd at 2 p.m. The unsecured front door had not been replaced as agreed to in the lease. Some moldings were missing, as well as the carpet. The laborers’ hustle and bustle disturbed the tranquility of the premises.

In addition, tenants had to rent a second truck for $110, since their friend’s was no longer available after 3 p.m. They included in their claim $310 in salary for having to miss work for two days in order to move, as well as $3,000 in moral damages.

The latest ruling stresses that «the lessor is bound to deliver the leased property to the lessee in a good state of repair in all respects and to provide him with peaceable enjoyment of the property throughout the term of the lease. » 

The judge therefore ordered the landlord to pay the tenant the sum of $1,250. A salary compensation only for the second day of absence was granted. As for the $3,000 in moral damages, they were reduced to $750.