Executing a decision of the Tribunal administratif du logement

If the defendant refuses to comply with a decision of the Tribunal administratif du logement, you can take steps to force him or her to do so.

However, before proceeding with compulsory execution, it is sometimes preferable to find common ground and reach an agreement with the defendant

Court with jurisdiction

A decision of the Tribunal administratif du logement may be executed as though it were a decision of the Court of Québec, Small Claims Division or Civil Chamber.

Small claims

Where the amount awarded in the decision of the Tribunal administratif du logement is less than $15,000, the decision can be brought before the Small Claims Division. However, if the creditor of the decision has applied for eviction of a tenant, it must be brought before the Civil Chamber, even if the amount awarded is less than $15,000.

Court of Québec

Where the amount awarded in the decision of the Tribunal administratif du logement is $15,000 or more, it must be brought before Civil Chamber of the Court of Québec. However, if the creditor has applied for eviction of a tenant, he or she must appear before the Civil Chamber of the Court of Québec, regardless of the amount awarded in the decision.

Execution deadline

If the decision of the Tribunal administratif du logement does not stipulate a specific deadline for its execution, the deadline depends on the type of application and is calculated from the date on which the decision is signed.

Table of execution deadlines
Type of application Execution deadline
Alienation of an immovable situated in a housing complex** Immediate execution
Conversion of a rental building to divided co-ownership Immediate execution
Demolition Immediate execution
Authorization to deposit the rent Immediate execution
Application for review of a decision to fix the rent 10 days
Application the sole object of which is a claim of $15,000 or less 20 days
Application the sole object of which is to fix the rent 1 month
All other applications 30 days

** For a full definition, please contact the Tribunal administratif du logement

Notice of execution and applicable fees

To execute a decision, a bailiff or the creditor of the decision must complete a notice of execution, using the model provided by the Minister of Justice. In the Small Claims Division, the clerk may help the creditor with the execution process.

The applicable fees are those of the Small Claims Division or the Court of Québec, depending on the type of application.

Documents required

When appearing before the court, you must bring the decision of the Tribunal administratif du logement with you, and a copy of the decision must also be filed with the clerk of the Court

Where to file your application

A decision may be executed if it is registered with the clerk of the court in the place where the dwelling is located.

For additional information, please contact the Tribunal administratif du logement.
 

 

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