Civil law

Other

Can Fred and Patrick make as much noise as they want, as long as it is before 11 pm?

No. No matter what time it is - day or night or you can’t tell the difference - neighbours are only expected to tolerate noises that can be considered “normal neighbourhood annoyances”. Everyone has to deal with footsteps, the sound of a washing machine or dishwasher, renovation projects, someone practicing violin in the afternoon, and even the laughter of friends at an occasional get-together. But we don’t have to put up with rollerblade relay races across an apartment or testing the maximum sound volume of your home cinema for three hours.

The idea is simple: you have to respect your neighbours’ right to peacefully enjoy their home. This shouldn’t stop Patrick and Fred from organizing a party from time to time, provided they keep the music and the sound of voices at a reasonable level.

But this 11 pm rule is not just an urban myth: in many cities, it’s the time when excessive noise becomes a disturbance and people start calling the police.

Do Patrick and Fred have the right to a certain minimum number of noisy evenings?

It’s a common myth that tenants have the right to a minimum number of party nights per year.

Again, the only rule to keep in mind is that you have to respect your neighbour’s right not to be disturbed. This means that Patrick and Fred can go ahead and have 365 parties (or 366 every leap year) as long as they don’t disturb anyone. But having only one big party a year (but what a party!) could be too much.

What can their poor neighbours do to get them to stop making noise?

They can speak to the landlord. In fact, landlords have an obligation to ensure their tenants are not disturbed. They therefore have to intervene whenever a tenant is disturbing other tenants in the same building. But landlords are not responsible for noise made by neighbours who are not their tenants.

You should also know that many municipalities have their own noise by-laws. So another way to deal with noisy neighbours is to contact the police, since they are often responsible for enforcing municipal by-laws.

What can the landlord do to get Fred and Patrick to stop making too much noise?

He could start by giving them a simple notice asking them to stop.

If the two buddies decide to be stubborn and the noise continues, he could send them a demand letter, which is basically a letter asking someone to do or stop doing something within a reasonable time period.

If the loud parties continue, the landlord can ask the Régie du logement (an agency that hears problems between landlords and tenants) to cancel the lease.

The landlord can also ask the Régie to order noisy tenants to pay damages to him for all the inconvenience, such as finding a new tenant, compensating other tenants who couldn’t sleep, etc.

What if the landlord refuses to get involved? The other tenants can send a demand letter. If this doesn’t work, they can ask the Régie to cancel their leases or order a reduction in rent for the nights they had to put up with noise coming from Fred and Patrick’s place.

Can Fred and Patrick invite as many people over as they wish?

In theory, Patrick and Fred can invite as many people over as they wish. But they still have to respect their neighbour’s right to peace and quiet. They must also make sure the apartment isn’t damaged and stays clean and that the situation remains safe.

If the landlord thinks the number of people in the apartment creates a danger (for example, 28 people on the balcony or in front of a fire escape), he can ask the municipality to intervene. Most cities have by-laws on the safety of dwellings and can send out their own inspectors to enforce these rules.

Can Fred deduct the cost of repairs he made to the apartment from the rent?

Only in very exceptional cases. Renters are responsible for doing small maintenance repairs or repairing something they break. The landlord is responsible for bigger jobs, including repairs that are urgent and necessary, such as repairing the heating system in January or fixing other things that pose a danger to the tenants.

If the repairs are urgently needed, Fred and Patrick must first try to contact their landlord so he can correct the situation. If the landlord can’t be reached, or worse, he refuses to do the repairs, Fred and Patrick can go ahead and do the work themselves.

But beware! Tenants can only do urgent and necessary repairs and they must keep the costs as low as possible. For example, if the roof has a leak in it, this can’t be an excuse to add two new floors to the building!

After doing the repairs, the tenants can ask the landlord to reimburse them. It’s important to keep any evidence that a repair was urgently needed and any receipts for expenses. They can only deduct the costs from their next rent check if their landlord refuses to reimburse them. They are allowed to deduct these costs without going through the normal process of sending a demand letter or going to the Régie de logement.

Other repairs, such as painting usually done when new tenants move in, are generally discussed when the lease is being signed.

Can Patrick sign a lease even though he’s under 18?

If you’re 18 years old, you’re allowed to sign a lease yourself. For tenants under 18, landlords usually ask the parents (or tutor) to sign.

Why? Because a minor (person under 18) doesn’t have the right to sign a contract such as a lease. So the alternative is to ask a parent or tutor to sign. (A tutor is a kind of legal representative, not the person who helps you with math homework!)

There may be some “borderline” cases of tenants who are almost 18 and can afford to pay their own rent. If this kind of situation winds up before the Régie du logement, it will be up to the Régie to decide whether the lease is valid. In many cases, minors in these situations have been considered capable of signing a lease.

Other than these borderline situations, the only people under 18 who can sign a lease are those who have been “emancipated”. This means that a court has granted the minor the right to fully exercise his civil rights just like an adult. An emancipated minor can sign a lease, make a will, take legal proceedings in the courts, etc.

Can Fred and Patrick keep their dog Fang in their apartment?

As long as their lease allows pets. But even if dogs are permitted, the two roommates have to make sure that their darling bulldog does not leave a mess everywhere and doesn’t disturb the neighbours by yapping, whining, or running around wildly.

They should also avoid treating the neighbour’s stoop as the dog’s “litter zone” or leaving the poor animal alone at home for days on end.

Is Fred responsible for Patrick’s half of the electricity bill if he won’t pay his share?

Responsibility for the electricity bill, like phone or Internet bills, all depends on whether both of the roommates' names appear on the bill and whether the contract states that they are jointly responsible for paying it.

If both names appear and they are jointly responsible under the contract, the service providers can ask Fred to pay if Patrick fails to.

On the other hand, if the bill is only in Patrick’s name or if the contract doesn’t mention that they’re jointly responsible, the provider can’t ask Fred to pay.

But if month after month the service provider only receives partial payments, it could become fed up and cut the service. Everyone knows it’s much harder to do your bills in the dark!

A simple solution to these kinds of problems is for the roommates to agree, preferably in writing, who is responsible for paying what. It’s obviously better to come up with this type of an agreement before moving in together!