Being a tenant
Tenants: Your recourses against harassment, intimidation, or threats
Relations with your neighbours can sometimes be challenging. At times, the situation can even become intolerable. Harassment, intimidation, threats: the actions of your neighbours can have serious consequences. If you don’t succeed in resolving the problem yourselves, here are some steps you can take to deal with the situation.
Are you worried about your safety or that of your loved ones?
If you feel you are in danger or the situation is urgent, call 9‑1‑1 (or 310‑4141 for municipalities not covered by that service).
Contact your landlord
You can discuss the situation with your landlord.
Your landlord is obliged to provide you with peaceful enjoyment of your apartment. Therefore, your landlord must take action if the behaviour of your neighbours is affecting your well-being. For example, the landlord could ask the neighbour to leave their apartment or offer you a rent decrease as compensation.
You could talk to your landlord or communicate in writing. If you communicate in writing, be sure to keep copies of your exchanges. This could be useful if you are considering taking legal action in the future.
Try citizen mediation
If you are able to discuss things with your neighbour, you might consider citizen mediation. It could help you to reach an agreement and avoid going to court.
Organizations such as Équijustice offer mediation services free of charge.
File an application with the Tribunal administratif du logement (TAL)
If your landlord does not solve the problem, you can file an application with the Tribunal administratif du logement (TAL).
Depending on your situation and what you request, the TAL could, for example, order your landlord to:
- pay you compensation,
- decrease your rent,
- cancel your lease.
The TAL publishes summaries of its decisions. These can help you understand your rights and see how the TAL rules in situations similar to yours.
The TAL hears most cases concerning rental housing. But in certain cases, you might have to file an application with the Court of Québec or the Superior Court of Québec.
Not sure where to file your application? Community Justice Centers and legal clinics can provide guidance on the steps you have to take.
Representing Yourself in Court (Fondation du Barreau du Québec)
File a complaint with the Commission des droits de la personne et de la jeunesse (CDPDJ)
Intimidation or harassment based on personal characteristics such as religion, ethnic or national origin, age, or language can be considered discrimination.
You can file a complaint with the Commission des droits de la personne et de la jeunesse (human rights and youth rights commission).
If the Commission accepts your complaint, it can take certain steps to have your neighbour cease their intimidation or harassment and pay you compensation for the harm you’ve suffered. The Commission could, for example, propose conciliation sessions or take your case before the Human Rights Tribunal.
Filing a complaint with the police
In some cases, the actions of your neighbour may constitute a crime. Here are three examples:
A person commits criminal harassment when:
- They behave in a repetitive and threatening manner, such as following the victim or calling them endlessly,
- They know, or should know, that this behaviour causes the victim to fear for their safety,
- The victim feels harassed and fears for their safety or that of their loved ones,
- This fear is reasonable under the circumstances.
If a person threatens to kill or injure a victim, or to break, burn or destroy their property or residence, they can be accused of the crime of “uttering threats”. The victim must have a genuine fear that the person will carry out the threat.
Extortion consists of making threats to force a victim to do something against their will, or to prevent them from doing something they have the right to do. The threats may be physical, such as threatening to harm the victim or their loved ones, or psychological, such as ruining their reputation.
For the person to be found guilty of this crime, they must have made the threats with the intention of obtaining something.
If you believe you are in one of the above three situations, you can go directly to a police station to file a complaint.
Apply for compensation from IVAC
If you are the victim of a crime committed by your neighbour, you may be able to receive financial assistance from the Indemnisation des victimes d’actes criminels (compensation from crime victims) program.
This financial assistance compensates for the loss of income or the expenses resulting from the crime, such as moving expenses, medications, or psychosocial follow-ups.
It is not necessary to have filed a police report to benefit from this program. You can consult the IVAC website to find out if you are eligible and for information about the time limits applicable to your situation.
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WARNING
The information presented on this page is not a legal opinion or legal advice. This page explains in a general way the law that applies in Quebec. To obtain a legal opinion or legal advice on your personal situation, consult a legal professional.