Version en français – Bruit et harcelement
The owner must provide peaceable enjoyment of the dwelling for the duration of the lease.
Harassment is a behavior that manifests itself by words, acts or gestures that are demeaning or degrading to a person.
In Article 1902, the Quebec Civil Code prohibits harassment. It is expected that no one can harass a tenant to restrict their quality of life, their right to enjoy the dwelling peacefully or to encourage them to leave.
Any tenant experiencing harassment may seek compensation, through the Tribunal administratif du logement.
It is often a good idea to take action through the Tribunal Administratif du Logement (Régie) or through another judicial route, because even if you do not win, this sort of procedure can make your landlord moderate their behaviour or make them understand that it is illegal.
Noise and the neighborhood
Although neighbors must accept reasonable neighborhood annoyances, tenants and the people they allow the use of their dwelling must also conduct themselves so as not to disturb the peaceful enjoyment of other tenants.
When you have problems related to the neighborhood or to noise, you must notify your landlord verbally and by letter of formal notice in order for him to intervene and resolve the situation.
If the proble persists, you can open a file to the Tribunal administratif du logement to demand reduction in rent, lease termination or that the landlord takes certain actions. At this point, you have to gather evidence (witnesses, recording, record the type of noise and frequency, police report, etc.).
It is important to note that the disturbing behavior must have an aspect of permanency and repetition. You also need to prove that you have denounced the problem to the landlord, that the situation has not changed, and that it causes you serious harm.
If you are able to gather a group of tenants (e.g. joint petition or application) that complains against the same person, you get a lot more power. The landlord could have no other choice but to evict the tenant who is causing the noise, if that tenant does not change his behavior.