Can I sue my landlord in small claims?
Short answer
In Quebec, the Small Claims Division does not hear applications relating to a residential lease: the Tribunal administratif du logement has exclusive jurisdiction over those matters.
In detail
The Gouvernement du Québec expressly places “residential leases” in the list of applications that are not admissible in small claims, specifying the exclusive jurisdiction of the Tribunal administratif du logement (TAL).
Exclusive jurisdiction means that a small claims judge cannot take the case, even if both parties want them to, and even if the amount is less than $15,000. An application filed in the wrong court costs time — sometimes enough to bring a limitation period closer.
The dividing line comes down to the connection with the lease. If your claim arises from the residential lease, it goes to the TAL. If you are unsure which forum is the right one, the small claims clerk and the free information sessions can point you in the right direction before you pay any fees.
What to document
The lease, the notices exchanged, the dates and the photos — those exhibits serve you before any forum. Note precisely how your claim is or is not connected to the lease: that is what determines where it has to be filed.
Put your facts in writing, free. Writing your version down early, keeping your documents dated and preparing your questions for a lawyer: the tool is there to document, never to advise.
Open the application Up to 3 files, no card · see the plans
Official sources
- Applications admissible and not admissible in small claims — Gouvernement du Québec
- Tribunal administratif du logement
Related questions
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- Can I claim interest on top of the amount?
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What this page is not
This is general legal information about the law of Quebec and Canada, dated and sourced. It is not legal advice, not a strategy, and not a prediction about the outcome of a case. In Quebec, only lawyers and notaries may give legal advice (Act respecting the Barreau du Québec, ss. 128 and 133). Laws and amounts change: the official source always prevails over us.