The Administrative Housing Tribunal (TAL) rejects the request of the owners of 3485, avenue Papineau, who wanted to evacuate the tenants to carry out major work in this tower which faces La Fontaine Park.
Posted yesterday at 11:05 p.m.
“The landlord’s right of ownership does not allow him to do what he wants with his building”, underlines the administrative judge Philippe Morisset in his decision of May 11.
The landlord is 3485 Papineau Investments, owned by Brandon Shiller and Jeremy Kornbluth. The latter issued eviction notices to the tenants of 3485, a building with approximately 90 apartments, in the spring of 2021, informing them that they had to leave on June 30 for a period of at least seven months.
These opinions were widely denounced as a large-scale attempt at revival. The owners, for their part, claim that the building is in poor condition and needs major renovations.
But Judge Morisset, basing himself in particular on the landlord’s plans, sees it rather as an attempt to change the form of the dwellings which “will cause the tenants a disturbance or a reduction in enjoyment”.
The proposed changes include modifying the surface area of the apartments, dividing rooms and creating washer-dryer spaces.
“Shape Change”
The Civil Code of Quebec prohibits the landlord – like the tenant – from “changing the form or destination” of the dwelling. “The lessor’s obligation not to change the shape of the dwellings must take precedence […] his right of ownership” and “the landlord’s request must be rejected”, ruled the Court.
Judge Morisset added that the eviction notice given to the tenants was imprecise and incomplete with regard to the nature of the work, which in itself also justified the rejection of the owners’ request.
Joined by The Pressthe tenant Pascal Lavoie, cited as a party to the dispute, prefers to make his comments later.
“You will understand that we have just received the decision and that we must take a few moments to read it with our lawyer,” he simply says by text message.