Housing and Property

Filing an Application with the Tribunal administratif du logement or Responding to One

Share
Print

Are you involved in a dispute related to your rental unit? Whether you’re a tenant or a landlord, you can file an application with the Tribunal administratif du logement (housing court or TAL) to assert your rights.

Have you received a copy of a TAL application filed against you? This means someone is claiming something from you, like money or asking for your eviction. You’ll then need to prepare your response.

A couple is seated at a table. They are discussing administrative matters. One of them has a cellphone in hand. There are files around them. 

The article in short

  • If you have a problem related to renting, you can file an application with the Tribunal administratif du logement (TAL). If someone filed an application against you, you can share your side of the story at the hearing.
  • You can file an application with the TAL online, by mail or in person.
  • You must always send a copy of your application and evidence to the other person and keep proof that they received this.

Receiving a TAL application

Receiving a document from the TAL usually means that someone filed an application against you. For example:

  • your landlord may be asking for unpaid rent,  
  • your tenant may be asking for a rent reduction due to an issue with their unit,  
  • your landlord may want to take your unit back to live in it.  
     

In this case, you become the “defendant”. You’ll need to explain your side of the story to the TAL. To know what to expect, check out our articles on preparing for a TAL hearing and what happens during a hearing.

The hearing is when an administrative judge from the TAL hears both parties. Both parties have the chance to explain their version of the situation, and present witnesses and documents if needed.

How to respond to a TAL application

You don’t need to respond to the application in writing. You can explain your side of the story orally, at the hearing.  

You can also file a “cross-application” – this means filing your own application against the person who started the process.  

For example, if your landlord is asking to evict you for not paying rent, you can file a cross-application to request a rent reduction because of a serious problem, like mold in the unit.

Filing an application with the TAL

Do you have a problem or conflict related to your unit? The TAL is usually the place to go.  

To know more about the TAL’s role and the services it offers, check out our article on the role and functions of the TAL.

How to file an application

You can file an application with the TAL in one of the following ways:  

Make sure to file out the correct form for your type of application. Each form includes instructions to help you.

For more details on how to file an application, visit the TAL’s website.

Good to know!

If you don’t have access to Internet or a printer, you can:

The cost of a TAL application

The cost depends on: 

  • the type of application you make, 
  • sometimes, how much rent you pay. 

To know the exact amounts, visit the Costs page on the TAL website.

Important!

Some people who receive social assistance can file an application at no cost. Proof must be provided to the TAL.

Correctly naming the parties in a TAL application

When you file an application with the TAL, it’s important to clearly name everyone involved:  

  • the person making the application (the “plaintiff”), 
  • the person responding to the application (the “defendant”).  

There can be one or more people on each side.  

If your application involves several people, all of them must be named. For example, if you’re three roommates on the lease, all three of you must sign the application. 

If someone is left out or if a name is incorrect, the TAL may delay the hearing or even reject your application. 

Here are some rules to follow: 

  • If your application is for one person, use their full first and last name. 
  • If it’s for a company, write the full legal name, including “Inc.” or “Ltd.” For example: 1234-5678 Québec Inc. 

If you’re not sure how to name a person or a company, the TAL can help.

Sending the application to the other party (“Notifying”)

“Notifying” an application means sending a copy of it to the other party. This gives them a chance to prepare for the hearing. It’s always the person making the application (the “plaintiff”) who is responsible for notifying it. 

So, when you file an application with the TAL, you must notify it to the other party (the “defendant”). 

Along with your application, you must also notify: 

  • your supporting documents, meaning your evidence, 
  • or a list of these documents. 

For example, if you are asking for a rent reduction because of mold in the unit, you must include evidence of the mold when you notify the application. This evidence could be an inspection report, photos or email exchanges, for example. 

You can also ask the other party to reimburse you for the costs of notification. The TAL will decide if this is justified in your situation.

How to notify the application

You can notify the application: 

  • in person, with proof of receipt, 
  • by electronic means such as email, if you can prove the other party received it, 
  • by registered mail, 
  • by bailiff, which is also referred to as “serving the application”. 

If the person doesn’t pick up their mail or refuses to accept your notification, you can try notifying the application again with the help of a bailiff. You can use the directory of the Chambre des huissiers de justice du Québec (Quebec Chamber of Bailiffs) to find a bailiff in your area. (Available in French only)

You must show the TAL that the other party received your notification. Here’s how:

  • If you delivered it in person, ask the person to sign an acknowledgement of receipt.  
  • If you sent it by email or another electronic method, keep the read receipt or any proof that the person saw it. 
  • If you used registered mail, ask Canada Post for proof of delivery. 
  • If a bailiff delivered it, the bailiff’s affidavit of service is your proof of notification. 

To learn more about how to notify an application, visit the TAL’s website.

Documents to submit to the TAL

Within 45 days of filing your application, you must send the TAL: 

  • proof that you notified the other party, 
  • a list of your supporting documents, meaning your evidence. 

If you miss this deadline, the TAL can close your file.

Important!

The rules are different for applications related to fixing the rent. The plaintiff doesn’t need to notify their supporting documents with the application. Instead, the TAL sends a specific form that must be filled out. The landlord then has 90 days to:

  • fill out the form,
  • notify the tenant,
  • send it to the TAL.

Changing an application you’ve already submitted

You can change or complete your application after submitting it. This is called an “amendment.” You must: 

  • make the amendment before the hearing
  • notify the amendment to other party, 
  • provide proof that you notified them
  • send a copy of the amended application to the TAL. 

In some cases, the judge may allow an amendment during the hearing, if both parties are present and agree to it.