How to Appeal a Quebec LTB Decision: Step-by-Step Tenant Guide
If you’re a Quebec tenant who’s received an unfavourable decision from the Tribunal administratif du logement (TAL) — formerly known as the Régie du logement — you may have the right to appeal. Understanding this process can help protect your rights and ensure your housing situation is treated fairly. This guide explains what you can do if you disagree with an LTB decision, what steps to take, and where to get support throughout the process in Quebec.
Who Handles Tenant Disputes and Appeals in Quebec?
In Quebec, residential tenancy matters are heard by the Tribunal administratif du logement (TAL). The TAL oversees disputes between landlords and tenants, including eviction notices, rent increases, repairs, and deposit issues.
Can You Appeal a TAL (LTB) Decision?
Most TAL decisions are final and binding, but there are two main ways tenants can challenge a decision:
- Request for Review: If you believe there was a serious error (factual or legal) in the original decision, you can ask the same tribunal member or a different one to review the file. This is called a “Requête en révision”.
- Judicial Review: For more serious errors or breaches of justice, you can ask the Superior Court of Quebec to review the TAL’s decision. This is not a new trial—only an assessment of the process and legal issues.
The appeals process has strict rules and deadlines; missing a step can mean your request won’t be considered. Below, we walk through the most common appeal method: the Request for Review.
Step-by-Step: Filing a Request for Review at the TAL
If you think the TAL made a serious mistake with facts or law, you can request a review. Here’s what to do:
1. Check Eligibility and Deadline
You must file your Request for Review within 10 days from the date you receive the decision. You can’t appeal just because you disagree; there must be a significant error (for example, the tribunal did not consider crucial evidence).
2. Use the Correct Official Form
- Form: Request for Review (Requête visant à faire rétracter ou réviser une décision), TAL-821A
- Where to get it: Download from the TAL forms page
- How to use it: Complete all sections, provide the reasons for your request, attach supporting documents, and include a copy of the decision you’re challenging.
- Example: If the TAL issued an eviction order but you were not properly notified of the hearing, you could file this form and clearly explain the notification issue in your application.
3. Submit the Form and Pay Fees
- Application fee: A small administrative fee is charged; check the latest rate on the official TAL fee page.
- How to submit: Submit your form in person at a TAL office or by mail to the address provided on their website.
4. Attend the Review Hearing
The TAL may ask you and your landlord to appear for a new hearing. Present your case clearly, provide any new or missing evidence, and explain why a mistake was made. A new decision will be issued after the review.
Appealing a TAL decision can be complex. If unsure, consider consulting a legal clinic or tenant advocacy resource for advice.
What If the TAL Decision Involves Rent, Repairs, or Agreement Issues?
If your case is about Understanding Rent Increases: What Tenants Need to Know or Routine Repairs in Rental Units: Tenant and Landlord Responsibilities, you can include evidence about your rental’s condition or recent repairs in your Request for Review. Make sure to document everything thoroughly.
For broader tenant and landlord rights, see Tenant Rights and Landlord Rights in Quebec.
After the TAL Review: What Happens Next?
- If your review is successful, the underlying decision may be cancelled or changed.
- If not, you may still consult a lawyer to consider a judicial review in the Superior Court of Quebec, though this process is more complex and usually requires legal support.
Understand what’s at stake and the potential costs. Promptly gathering evidence and following deadlines is crucial to protecting your rights as a tenant.
For other options to resolve disputes before or after a hearing, see Explore rental homes in your area.
Frequently Asked Questions
- Can I appeal every decision made by the TAL?
Not all TAL decisions can be appealed. Only certain errors, like those involving due process or significant mistakes about the facts, allow for a Request for Review. - What if I miss the 10-day deadline?
It’s extremely difficult to appeal a decision if you miss the 10-day limit. You should seek legal advice immediately to see if there are any exceptions in your situation. - How long does the Request for Review process take?
Reviews can take several weeks. The timeline depends on the TAL’s caseload and how complex your case is. - Can I stay in my rental while the review is ongoing?
If you have received an eviction order, the original decision generally still applies unless you obtain a stay (temporary hold). Notify the TAL and seek advice about your rights during this period. - What kind of evidence should I include with my appeal?
Provide any new evidence that wasn’t considered at your first hearing and clearly explain any mistakes made in applying the law or facts. Written communication and supporting documents are very important.
Summary & Key Takeaways
- Quebec tenants can challenge a TAL decision through a Request for Review if there was a significant error.
- The process is time-sensitive—apply within 10 days of the decision, using the official TAL-821A form.
- Gather clear evidence and consult tenant advocacy or legal help if you need guidance.
Following these steps helps ensure your voice is heard and your housing rights are respected.
Need Help? Resources for Tenants
- Tribunal administratif du logement (TAL): Official site, forms, and information
- Éducaloi: Clear legal information for Quebec tenants (English & French available)
- Regroupement des comités logement et associations de locataires du Québec (RCLALQ): Tenant rights and advocacy group
- For more about your rights and obligations in Quebec, visit Tenant Rights and Landlord Rights in Quebec.
- See Tribunal administratif du logement (TAL): Official Appeals Process
- Review An Act Respecting the Administrative Housing Tribunal (R.S.Q., chapter L-6.2)
- Access the TAL-821A Request for Review form
- More plain language info at Éducaloi: Challenging a TAL Decision
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Bob Jones
Editor & Researcher, Tenant Rights Canada
Bob writes and reviews tenant law content for various regions. They’re passionate about housing justice and simplifying legal protections for renters everywhere.
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