Is the landlord responsible for the nuisance caused by his tenant?

Verified 02 June 2023 - Legal and Administrative Information Directorate (Prime Minister)

The landlord can be held responsible for the nuisance caused by his tenant if he does not act to stop this nuisance as soon as he has knowledge of it.

In particular, the tenant must peacefully using the rented thing. This means that the tenant must not abuse the enjoyment of the dwelling that results from the lease.

Abuse of the enjoyment of the dwelling can be characterized if the tenant causes the following nuisances:

FYI  

the tenant is also responsible for the nuisance caused by the people he hosts, even if they are major.

Neighbor's action towards tenant and landlord

The neighbor who is the victim of nuisance must go to the tenant who occupies the dwelling where the nuisance comes from to tell him about his embarrassment and ask him to put an end to this nuisance.

If the tenant does not act, the neighbor must send him a simple letter reminding him of the nuisance and the inconvenience caused.

If the tenant still does not act, the neighbor must send him a registered letter with acknowledgement of receipt asking him to stop the nuisance.

The neighbor must also send a registered letter with acknowledgement of receipt to the landlord who must take action to stop the nuisance of his tenant.

It is recommended that the neighbor gather as much evidence as possible to support such letters as:

A sample letter can be used to write these letters:

Model letter to address to the noisy neighbor

If the nuisance occurs in a condominium and contravenes the co-ownership rules, the neighbor should contact the condominium trustee who will notify the owner of the dwelling. Indeed, the trustee is the guarantor of compliance with the condominium regulation and must ensure tranquility in the building.

Owner's action towards tenant

Once informed of the wrongful behavior of his tenant, the landlord must demand his tenant to stop the nuisance. This formal notice must be sent by registered letter with notice of receipt or by an act of a commissioner of justice (former bailiff and judicial auctioneer). It must describe the facts as precisely as possible. The landlord must attach supporting documents (e.g. complaints received from neighbors).

If the tenant does not act to stop the nuisance, the landlord must call on a conciliator of justice (free of charge) or mediator (paid approach) or to a participatory procedure (paid approach with recourse to a lawyer) for find an amicable solution with his tenant.

If the nuisances persist, the owner can to have the lease terminated if it contains a nuisance cancelation clause. If not, he can apply to the court for termination of the lease.

Lease with nuisance termination clause

The owner can to appeal to the court of the place where the immovable is situatedto have the lease terminated and the tenant evicted.

FYI  

the landlord may also, when the end of the lease is close, send the tenant at least 6 months before that date, a leave (notice) on legitimate and substantial grounds based on the existence of nuisances.

Absence of termination clause

The owner can to appeal to the court of the place where the immovable is situated for request termination of the lease and eviction of the tenant.

FYI  

the landlord may also, when the end of the lease is close, send the tenant at least 6 months before that date, a leave (notice) on legitimate and substantial grounds based on the existence of nuisances.

Neighbor complaining of nuisance may to appeal to the court of the place where the immovable is situated to incur the liability of the owner.

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