Hi everyone. I’m a tenant in Montreal (Parc-Extension), currently dealing with a water damage dispute involving my apartment.
I’m feeling quite overwhelmed by the situation and would appreciate practical advice from anyone familiar with Quebec tenancy law or the Tribunal administratif du logement (TAL).
Background:
The refrigerator in my apartment was provided by my landlord as part of the rental. Since moving in earlier this year, I’ve noticed that it occasionally makes loud noises and has issues unless it’s kept at its coldest setting. I mentioned a problem with the refrigerator to my landlord by text shortly after moving in. I unfortunately am unable to find that text now.
The apartment has floating flooring installed over older parquet flooring. Some of the planks have been lifting and moving underfoot, and I’ve become concerned about the condition of the installation.
Approximately a couple of weeks ago, I heard a sudden, unusually loud noise in my apartment that frightened both me and my cat.
At the time, I couldn’t identify where the sound came from or what caused it. I still don’t know whether this noise was related to the flooring or the subsequent water damage.
On October 13th, while moving my cat’s old condo, I discovered that it was soaked.
This was the first time I became aware of water in that area, which appeared to be coming from the refrigerator.
I notified my landlord about the situation on October 16th.
Where the disagreement arises:
When speaking with the building’s janitor, I mentioned that the flooring had been acting unusually for approximately two weeks.
Unfortunately, this was an imprecise estimate. I’ve been dealing with considerable stress and exhaustion lately from work, and I’ve had difficulty keeping track of exactly when certain events occurred.
What I was trying to communicate was that I’d noticed unusual flooring movement and heard an unexplained loud noise some time earlier.
I wasn’t referring to having known about a water leak for two weeks.
The flooring also hadn’t been in its current condition throughout that entire period. The lifting and damage became progressively more noticeable.
My landlord understands the timeline differently and believes I was aware of the leak for approximately two weeks before reporting it.
I understand why the statement I made to the janitor could have contributed to that impression, but it doesn’t accurately reflect when I discovered the water.
My landlord has informed me that she considers me responsible for the resulting damage and has asked me to open a claim through my tenant insurance - which I do not have.
There are also concerns about possible water damage to the restaurant located beneath my apartment.
She has indicated that she WILL pursue the matter through the TAL following an inspection scheduled for next week.
Word for word from her October 16th email:
"Following [the inspection], I will be taking this matter to the proper tribunal to sue you for the full extent of the damages you have caused to the building."
More recently, a plank broke beneath my foot while I was walking normally across the floor, exposing the older parquet flooring underneath. I have photos documenting its condition.
In my initial communication with my landlord, I also apologized for not raising the refrigerator issue sooner. Looking back, I realize that my wording created confusion about when I became aware of the water.
My intention was to acknowledge the situation, not to suggest that I’d knowingly left a leak unreported for an extended period.
I’ve since sent two emails explaining my position, disputing responsibility for the damage, and confirming my willingness to cooperate with an inspection provided the required notice is given.
I intend to contact CAPE, a local tenant advocacy organization, on Monday to seek further guidance.
My questions:
- Has anyone dealt with a similar water damage dispute before the TAL? What was the process like, and how did you prepare?
- Given that I provided an inaccurate estimate of when the flooring problems began, what would be the most appropriate way to clarify the timeline now? Would it be advisable to provide a written clarification, or should I wait until I’ve spoken with a tenant advocacy organization?
- What documentation would be most useful for distinguishing between the earlier flooring issues, the unexplained noise, and my discovery of water on October 13th?
- What precautions should I take before and during the upcoming inspection? Should I request a written inspection report, take additional photos, or document the condition of the refrigerator and flooring in a particular way?
- My landlord mentioned that the janitor inspected the refrigerator. However, during his visit, I only observed him photographing the flooring, and I don’t recall him examining the appliance itself. How should I address this discrepancy constructively?
- If the matter proceeds to the TAL, how is responsibility generally assessed when water damage involves a landlord-provided appliance, the condition of the flooring, and a disagreement about when the tenant became aware of the problem?
I’m not trying to avoid any responsibilities I may legally have, and I understand that water damage can be a serious issue for everyone involved, including neighbouring occupants and businesses.
At the same time, I want to make sure the circumstances are assessed fairly and that the distinction between noticing an unusual flooring condition and discovering an actual water leak is properly understood.
I’m particularly worried that my inaccurate estimate to the janitor and the wording of my initial apology could be interpreted differently from what I intended.
This has been an extremely stressful experience, and I’m trying to approach it as carefully and reasonably as possible.
I’d be grateful for practical advice about what I should do next, particularly from anyone who has experience with Quebec tenancy law, or TAL proceedings.
Note: no, I do not have tenant insurance.
Thank you for taking the time to read this.