Dealing with neighbourhood annoyances as a tenant
By Elia Leblond
Law student at University of Sherbrooke
Volunteer at the Townshippers’ Association
According to the Civil Code of Quebec, your landlord has a legal obligation to provide you with peaceful enjoyment of your dwelling. Certain neighbourhood annoyances could infringe on this right.
Loud music, a dog barking, or even children screaming and running next door could be considered “neighbourhood annoyances”. Neighbours are expected to tolerate each other’s normal annoyances, such as ambient noise. However, the noise could be considered “unacceptable” if it becomes excessive, serious, and repeated. The specific location and context are also considered when determining whether it is an abnormal annoyance (e.g., a rural setting may have different noise expectations than a city apartment building).
To further understand neighbourhood annoyance, here are some hypothetical situations:
Scenario 1: Marie-Anne, a senior, hears her neighbours hosting very loud house parties every weekend throughout the night.
This could be considered unacceptable behaviour. It is important to also note that there is no set time at which noise must stop, meaning that loud house parties in the afternoon can be just as unacceptable as ones late into the night. Unacceptable neighbourhood annoyances can originate from the neighbouring tenant or owner themselves, or even guests that are over at their place.
Scenario 2: William, a university student, hears his neighbours doing loud work at 5 a.m. during weekdays, which disrupts his sleep and that of his roommates.
Most cities, municipalities and boroughs adopt noise by-laws that can regulate noise-causing activities, such as renovation work, lawn mowing at specific hours, or noise produced by certain appliances like heat pumps. For example:
In Sherbrooke, playing music or doing loud work between 11 p.m. and 7 a.m. may be an offence if it disturbs the sleep of one or more people. Those who commit such an offence may face a fine.
Even if neighbours follow these laws, some noise may still be considered neighbourhood annoyance.
Scenario 3: Laurie hears the neighbour’s dog barking uncontrollably almost every day and smells foul odours coming from the apartment. She politely speaks to her neighbour, who seems to cooperate at first. However, after a few days, the noises and odours return to the same level as before.
Tenants can take notes of neighbour disturbances, including a description, duration and location of the annoyance, in case they must testify at the Tribunal administratif du logement (TAL). They could also file a complaint with their landlord, who has a duty to ensure the peaceful enjoyment of their dwelling.
If the landlord fails to rectify the situation, the tenant could send a formal notice requesting that the landlord act within a reasonable time (e.g. within 15 days). The tenant can keep a copy of this notice. If the issue persists after the deadline, the tenant could seek recourse at the TAL.
Citizen mediation and other recourses
Before contacting the TAL, there are other recourses that could be considered.
Regardless of the type of dwelling, you could try citizen mediation (also called community mediation) if your neighbour is unwilling to cooperate. Équijustice Estrie is an alternative justice organization that offers these services. Citizen mediation is free of charge.
If the situation with your neighbour escalates, you could contact the Sherbrooke Police Department or file a complaint with your municipality.
Tribunal administratif du logement
If you are living with multiple tenants, there may be rules already in place for your building. Tenants can consult these rules to understand what may be considered an abnormal neighbourhood annoyance under their lease or building regulations.
If the situation is not resolved after discussing it with your neighbour and your landlord after the deadline set in your formal notice, the TAL can be contacted. After examining your case, the TAL could:
- Grant compensation for the disturbance;
- Order a rent reduction;
- Grant the right to break your lease.
The TAL publishes summaries of decisions on neighbourhood disturbances at the following link: https://www.tal.gouv.qc.ca/en/summary-decisions-neighbourhood-disturbances. You can read these to understand your rights as a tenant and learn how the TAL has decided on situations similar to yours.
You can find more details on how to prepare a hearing at the TAL at the following link: https://www.tal.gouv.qc.ca/en/hearing/preparing-for-a-hearing.
To get more information about lease renewal, breaking a lease, or leases in general, check out:
Éducaloi: https://educaloi.qc.ca/en/capsules/leases/
Tribunal administratif du logement: https://www.tal.gouv.qc.ca/en/
Government of Quebec: https://www.quebec.ca/en/housing-territory/renting/leases
To get more information about neighbourhood annoyances, check out:
Éducaloi:
https://educaloi.qc.ca/en/understanding-the-law/noisy-neighbours-when-someones-having-too-much-fun/
https://educaloi.qc.ca/en/legal-news/noisy-neighbours-what-does-the-law-say/
Government of Quebec:
Tribunal administratif du logement:
https://www.tal.gouv.qc.ca/en/the-dwelling/noise
Équijustice :
Ville de Sherbrooke :
https://www.sherbrooke.ca/en/population-services/good-neighbours/good-city-neighbours
