Appeal rejected by a tenant evicted after having sublet the dwelling for more than 12 months


A tenant who received a notice of eviction following a judgment of the Tribunal administratif du logement (TAL) is appealing the decision to the Court of Quebec. The tenant was evicted because she was deemed to have accepted a non-renewal of her lease, which was supported by the fact that she had sublet her dwelling for more than 12 months, in violation of article 1948 of the Civil Code of Quebec (C.C.Q.). The question was whether the tenant had suffered prejudice by not having the opportunity to contest the decision, and whether it was up to the landlord to prove that the tenant was in fact subletting, even in the absence of a contest by the tenant concerned.

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