Demystifying the rights of residential seniors
What can you do if your enjoyment of the premises is compromised?
Published on December 7, 2023 by Estephany Fernandez Suero. Journal Le Canada Français, page A-20.
Many seniors choose to live in a private seniors’ residence to avoid all the hassles and responsibilities of home ownership. But the peace and quiet you seek as a tenant can sometimes be compromised.
Just like an ordinary homeowner, a landlord of a private residence for seniors has an obligation to provide peaceful enjoyment of the premises and the leased property.
This enjoyment can be disrupted in various ways, for example by disturbances that inconvenience the tenant’s peaceful use of the premises. This is the case for vermin infestations, excessive noise or neighborhood disturbances. In fact, just as it is the owner’s duty to take action in the event of insect pests, it is also his or her duty to intervene in the event of abnormal neighborhood disturbances.
Many private residences for the elderly are large buildings with a large number of tenants living in the same building. So it’s not uncommon to find residents annoyed by their neighbors. In these situations, it’s not up to the tenant to remedy the disturbance caused by the other tenant, but rather to the landlord. It must be stressed, however, that these disorders must be excessive. Tenants are expected to be tolerant when living in a building with other people. It should also be noted that the tenant also has an obligation not to disturb the enjoyment of the premises of other tenants in the building.
Loss of use can also be attributed to factors that prevent the tenant from using the dwelling for its intended purpose. A landlord must therefore guarantee that the dwelling will be used for the purpose for which it was leased, and that it will be maintained for the entire term of the lease.
OBLIGATIONS
This obligation includes carrying out all necessary repairs. An air conditioner, guaranteed in a lease, that has been broken without being repaired for some time represents an example of loss of use for a tenant. The same applies to any interruption of services included in the lease, such as recreational services offered in a private seniors’ residence.
A tenant who becomes aware of a breach of the above obligations must first inform the landlord so that he can remedy the problem. In the event that discussions are unsuccessful, the tenant must clearly inform the landlord in writing of any problems relating to the loss of use. He must give the landlord a reasonable amount of time to rectify the situation, failing which legal proceedings may be initiated.
The enjoyment of the premises can be disrupted in various ways, for example by
disturbances that inconvenience the tenant’s peaceful use of the premises.
When the landlord fails to react or take efficient measures to remedy the situation, a rent reduction proportionate to the breaches may be granted by the administrative housing tribunal. However, the loss must be substantial and significant. It cannot be a minor defect or mere cosmetic damage.
CAAP Montérégie is an organization whose mandate is to inform and assist tenants in private residences for the elderly about their lease and their rights and obligations. You can contact us at 450 347-0670 ext. 104.
