Chronicle for seniors
Loss of use of the premises?
Published on April 18, 2025 by Estephany Fernandez Suero. Journal Les Versants.
Many seniors choose to live in a Private Residence for Seniors (PSR) to avoid all the hassle of being an owner. But the peace and quiet you seek as a tenant can sometimes be compromised.
Just like the owner of an ordinary dwelling, the landlord of an PSR has an obligation to provide peaceful enjoyment of the premises.
This enjoyment can be disrupted in various ways, for example by disturbances that inconvenience the tenant. This is the case when vermin infestations occur. It is the landlord’s obligation to take action when insects are a nuisance. What’s more, many PSRs are large buildings with a large number of tenants. So it’s not uncommon to find residents annoyed by their neighbors. In these situations, it is not up to the tenant to remedy the disturbance, but rather to the landlord. It must be stressed, however, that the disturbance must be excessive. Tenants have a duty to be tolerant when living in a building with other people.
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 is fit for the purpose for which it was rented, and must maintain it for the entire term of the lease. This obligation includes making any necessary repairs. For example, an air-conditioning unit provided for in the lease that has been broken for some time without being repaired represents a loss of use for a tenant. The same applies to any interruption of a service included in the lease, such as recreational services.
If the tenant becomes aware of a breach of the above obligations, he or she must first inform the landlord so that he or she can remedy the problem. In the event that discussions are unsuccessful, the tenant must clearly report the problems to the landlord in writing. He must give the landlord a reasonable amount of time to rectify the situation, failing which legal proceedings may be initiated.
Where the landlord fails to react or take efficient measures to remedy the situation, a rent reduction proportionate to the shortcomings 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 dedicated to informing and assisting PSR tenants with regard to their lease and their rights and obligations. You can contact us at 450 347-0670 ext. 108.
Loss of use can also be attributed to factors that prevent the tenant from using the dwelling for its intended purpose.
