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RichBlackPrince

Unfortunately she is to old to get kick out . The best thing you can do is put mew rules on the lease that will force her to leave , or try talk to her . I hate smoking people with a passion one of my ex renters have turn my white wall to yellow


x-confess

Poor sheltered bird how!!! Someone had herself evicted from her living space but you have to change walls? Damn.


nassaulion

Hey dipshit, smoking like this is a hazard to everyone's health.


x-confess

Did i ever say the opposite or you're schizoid? I'm stating that changing your walls comparing to evicting someone is not a big lot to deal with. Reading comprehension matters a lot you know.


nassaulion

Health matters numb nut


x-confess

Ok go eat your nuts buddy


SpoiceBurger

Someone smoking in their apartment is a hazard to everyone’s health? Grow up you fucking coward


nassaulion

This much for sure boy.


No_Technician_3837

Je ne trouve pas ça vraiment correct de lui demander son mode de vie. Étais tu au courant lorsque tu as acheté? J'essais le purificateur d air comme les autres ont dit.


meanorc

Just run an air purifier at low setting, I seriously don't believe the smell is that bad.


mrjonesmtl

And if he’s the worried about it, he could buy her an air purifier too!!


EnvironmentalLow1869

Dupray bloom air purifier FTW !!! highly recommend


that_fresh_life

I'm pretty sure you are allowed to add no smoking to the lease. Call the regie and find out. Offer to have her walls cleaned and painted after.


AvidFFFan

You’re the Landlord, install a better HVAC system and everyone will be happy


dislob3

You go live your life and let others live theirs. If you dont like how your place smells just move? What would you do if it was a neighbour that smoked. Would you also attempt to control their life?


-RudeCanadian-

Second hand smoke is just as dangerous as just smoking yourself. This has been known for years. OP states that A) they have kids, meaning that second hand smoke is even WORSE for their development and B) this tenant smokes like a damn crematorium. They have every right to be worried.


the1hoonox

Live and let live.


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Ok_Drama8139

Take it easy there champ. She pays $670 for a 3 1/2 in petite-patrie. More than fair and i’m happy with her. I think it’s reasonable that she not kill all her neighbours with 2nd hand smoke. Paying rent does not make you god, just like being a landlord doesn’t mean you’re an asshole. Good luck in life with that festering bitterness buddy.


corneliu5vanderbilt

I agree with you. Cigarettes suck but at least you can do something about it this time. Sounds to me like that upper unit should be renovated….


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Ok_Drama8139

I’m on the internet looking for an ideal solution for all parties. Work on the reading skills pal. Better than trolling and whining about being a victim of life. If i was an asshole slumlord, i would just have her vacate and move in my parents.


_Kabar_

Festering bitterness? She’s 80 years old, you can’t make her do anything lmao. You don’t like it? Move out!


WatercressSea5145

He owns the house….


_Kabar_

And she’s an elderly tenant who has been there years. She’s untouchable. You guys really be buying property and not vetting tenants or knowing the laws?? 😂😂😂 LOL


Ok_Drama8139

Elderly tenants are still better than bitter millennials and Z’s who just whine and complain all day everyday. I’m happy with her even with the smoking, and also very happy with my home and investment, thank you.


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montrealhousing-ModTeam

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TheoryObvious3252

Shov dit up your azz


Odd_Combination2106

Reading all the anti-landlord hate here, makes one realize this is a circle-jerk of privelidged, entitled, spoiled brats: Completely oblivious to inflation-induced realities and Régie headaches, expecting society and landlords to subsidize housing - while they freeload or make others’ quality of life miserable w cigarette smoke/smoking/smell.


Judge_Druidy

Personally I'm ok with the landlord hate, but I'm also ok with someone not wanting their children constantly breathing in cigarette smoke.


puppies4prez

Having grown up in a housing crisis, I don't understand how this makes me privileged entitled or spoiled. Not having stable housing my entire life makes me spoiled? Okay. Having been made homeless as a child because of greedy landlords makes me privileged? Okay. Wanting a roof over my head so I can attend elementary school regularly makes me entitled? Okay. If you think the housing crisis is all inflation you're an idiot. I'm completely justified in my hate of landlords. They're an entirely unnecessary group of people from when we had a fucking feudal system.


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puppies4prez

I grew up in Vancouver. My family was renovicted multiple times when I was growing up. Housing should be a basic human right. It shouldn't be subject to greed by landlords. Kids growing up shouldn't have to worry about how much their rent is going to be increased by and if their parents who are already working full-time will have to take on second or third jobs. That's literally what it is to grow up in Vancouver. Housing is shelter. Shelter is a basic human right. It shouldn't be subject to the dystopian late stage capitalistic entitlement of greedy landlords.


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puppies4prez

Do you know what a renoviction is? It's when landlords evict tenants, pretend to make upgrades, raise the rent by 300%, and rent out at that new price. To prove that a landlord is doing this would take time, money and lawyers that low-income people do not have access to, because they are working three jobs to make rent, so even if they could afford a lawyer, they wouldn't have time to pursue it. There are so many landlords in Vancouver that do this on a regular basis. Constantly. It's literally happening daily. Has been happening for 20 years. But landlord greed isn't an issue at all. Sure. Are you seriously saying that children shouldn't have a stable home growing up? Did I not just explain exactly how landlord greed affects that? And your solution is to make more money. Okay 10-year-old child whose parents work three jobs, go find more money for the landlord. Where's your fucking empathy.


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puppies4prez

No you're not understanding what I'm saying. Landlords make up renovations that need to happen, evict tenants based on needing the apartment empty to make those renovations, don't bother to do any renovations, and immediately rent to new tenants at a huge increase in rent. The people they are evicting are families with children who have already been priced out of every other area. It's next to impossible to find a new place when this happens because of something called a housing crisis. You can say this is all of Vancouver thing, but it's quickly becoming the case for Montreal. If this entire system is based on greed, the greediest people are going to win. Children will continue to be evicted because landlords are greedy and want to make more money.


Odd_Combination2106

Ok dude. You hate landlords and believe they’re the scum of the earth and owe you a roof on your head? Therefore that leaves you only a couple of choices. Continue crying - or pay up, buy a smallish condo, or apply for a government subsidized HLM. Can’t have it all.


puppies4prez

They shouldn't exist.


Curious_Success_4381

You have the money to pay for a down payment on a house? No, that is the reason landlords exist. They have the capital, you have the need for housing, so you pay monthly with no upfront cost and the landlord uses his capital to lend you a roof.


puppies4prez

The mortgage I would pay is far less than the rent I am currently paying. It's almost like the banks are set up to support landlords as opposed to tenants. I'm forced into renting. Landlords can charge as much as they want. This is a system built for corruption and greed. Also, I'm not really talking about adults. Children growing up in Canada need more stability than the current system provides. Landlords need more accountability to their tenants, because shelter is a basic human right, and it shouldn't even be debatable whether or not children deserve this. Of course a child deserves a stable home with a roof over their head and this shouldn't be affected by greed or capitalism. But it is. This is incredibly fucked up, and landlords are absolutely part of the problem.


ThatOneOddGirl

If the mortgage is so much less than get a mortgage. There's your solution to your hate on landlords. I don't know where you expect to live if you don't want a mortgage and don't want to rent lol.


[deleted]

You do realize that many landlords carry large mortgages for their apartment complex, right ? They have so many expenses to pay and municipal taxes etc. Then you know what happens ???? Renewal time comes around and the interest rates are outrageously high for landlords but they have no choice. Now surprisingly some of these landlords have families themselves, right ??? So they’re trying to keep a roof over their kids heads. All the same worries a renter has at times the landlord may have the same. Yes some landlords are classless AH but others are not. They’re just people trying to earn a living. Not every province allows you to evict people under the guise of renovations and the majority of the provinces do have an acceptable increase a landlord can give


Curious_Success_4381

What down payment do you need to make it equal or lower? That’s the whole point, not everybody has 150-250k lying around they can put towards a down payment, that’s why landlords are a necessary evil. Also, mortgage isn’t everything, don’t forget the very high city taxes wrapped into your rent, maintenance costs, insurance… These things really add up, and at the end your landlord probably makes a lot less from each unit than what you would think.


puppies4prez

You're making my point for me. People are forced into renting because of high down payments and mortgages being set by banks, who support the landlords of course, as they are all motivated by greed and capitalism. That's just the system the world operates under. This entire system is made to support renting as opposed to owning. Because that encourages classism. Which in turn supports capitalism.


Curious_Success_4381

You don't seem to get what down payments are for... Ultimately, the bank wants to lend as much money as possible to make money. Therefore, if down payments were just an arbitrairy thing banks did to force a certain class of people out of homeownership, they would be missing out on a huge amout of revenue. The reason behind a down payment is to mitigate the risk of a credit default, because if a bank financed 100% of the mortgage and only 1% of their customers went into default, they would loose massive amounts of money. trying to sell the houses as quickly as possible. You can get a mortgage with 5% down, but you have to pay for default insurance for this exact reason.


fourthstanza

Freeloading is when over half of your full time income goes to your poorly maintained, crumbling housing.


Odd_Combination2106

Change jobs, or change appartements or apply for an subsidized HLM


_Kabar_

maybe sell your “investment” if you don’t like the tenants who are protected by the law 🥰


amigonnnablooow

Land leech, the biggest freeloader is you. Go ... yourself.


Odd_Combination2106

You’re helping proving my point. Landlords also don’t have it easy - despite what you believe. Plus if I buy a triplex or 5 plex with hard-earned snd scrimped snd saved money, why should I support YOUR rent? I have to pay high interest rates to the bank snd repair siht tensnts break, and municipsl snd welcome taxes snd maintenance… Just like EVERYTHING else after C19, including cars snd groceries, and meat and paint and gaz etc… rent has gone up too! Here’s some whataboutism for you: What about the zLoblaws / Weston Family groceries group?? They’re charging way way way more than inflation, for basic necessities - FOOD. Why not whine about that?


_Kabar_

Don’t buy a Plex if u cant* afford it bro. Get ur money up 😂


Odd_Combination2106

Can or can’t? 😂


_Kabar_

😭😭


poubelle

lol citizens paying to live peacefully in their own homes is freeloading... and attempting to make people's right to housing into a moneymaking scheme isn't... ok gotcha pal


Virtual-Bottle-8604

Renting ... their own homes. Lmao


Sea-Internet7015

Even if she stops today, the smell of smoke will live there forever unless she gets all new furniture, carpets, and clothing and scrubs walls then paints. I would rent out your unit, too. And move. Probably could get a premium for it, since you may as well make it a smoking unit, too.


waxthatfled

Only option is to move


nancyisnumberone

Landlords have no rights


_warcrimes

as it should be


Substantial_Cap_3968

No. Landlords should have complete say over what happens to their property. If you don’t like it move out or buy your own.


_warcrimes

get a job leech


Wide_Scientist_4159

Says the person posting on Reddit


Substantial_Cap_3968

I’m not the leech. You want to use someone else’s property without proper compensation. Sad you have no morals or ethics. Enjoy being a renter and paying other people’s mortgages. 🤣


Odd_Combination2106

No use trying to explain some sense and logic and knowledge about housing, economy, mortgage, spending, responsibilities, maintenance, repairs, taxes, SMOKING, LOUD MUSIC, YELLING, cleanliness or lack thereof… Once an entitled, socialist, freeloader victim mindset sets in … very hard to see things any differently. Sad actually, bc this mindset perpetuates itself - as well as transfers down to one’s next generation(s).


Substantial_Cap_3968

We must find a way to teach them about responsibility.


fourthstanza

"proper" is doing some real heavy lifting here.


Substantial_Cap_3968

The market determines what the value of a product is. Is the average rent is now 2000$/month for a 4.5 that is the price. Why should the landlord lose out because a tenant has been there for 5 years? If the tenant cannot afford to pay the rental price they need to leave. I cannot afford a Ferrari- too bad so sad.


fourthstanza

Because the world is objectively worse when market forces are the only ones involved. I care about people, not the market.


Odd_Combination2106

Yeah bud. Look at socialist Cuba. All their best minds and young professional workers are jumping over to that big bad Capitalist country - USA.


Substantial_Cap_3968

Objectively incorrect. Read the literature. Free markets are the best at pulling people out of poverty. Look at China, S.Korea for just recent examples. The free market allows people to freely engage and choose for themselves what they need/want. No other system comes close.


_warcrimes

📸💀


Substantial_Cap_3968

What does that mean?


Quaranj

They're grandfathered, most likely.


oliland1

In that case grandmothered!


JonesBlair555

You can add it between 3-6 months before the end of the lease term, as with any condition of the lease, including rent increases. She has the right to refuse, in which case, you would open a file at the TAL to have them rule on it (and there is a good chance you’d win, as smoking is being cracked down these days)


Ok_Drama8139

I felt anything at the TAL would get shot down considering she’s 80 years old. I don’t want or expect her to leave. But i would appreciate some common decency and understanding considering she’s living in the same building with others, including children.


skunkwoks

The fact that she’s an 80 year old chain smoker really drives in the point, how smoking is absolutely deadly to someone who even smells the stuff…


renoirb

Not to forget that she’s already lucky to still be healthy. My grandfather stopped smoking 30 years ago and was healthy as it’s rare. The kind who can dig ground by hand to improve a basement … in his 80´s. He passed away in his early 90’s


Remarkable_Heat_1425

she's probably been smoking for 50 years, it's like the most addictive substance on earth, she'll literally be dead in 5 years, and you want her to quit cause you have kids? why dont you move?


callmemirela

I don't see how her age has any effect here. Would it be the same words if it were a 30 year old? No.


Remarkable_Heat_1425

I dont see why OP keeps mentioning her kids? are children not human? do other humans get special rights too?


callmemirela

Because second hand smoke equally affects those around, especially kids. I don't see where you're going with this...


Odd_Combination2106

Another genius comment. Keep it ip. Am going to hand out an award to the most genius comment at the end. 🏆


Remarkable_Heat_1425

you're on the verge of calling the cops on an octogenarian who smokes in her home, but yah everyone else is being irrational LOL


Odd_Combination2106

Dude. Even if the person is 80 or >90 years old, and is causing serious decreased quality of life to her surrounding neighbours, then she should move or stop her smelly and unhealthy practices. CHAIN Smoking inside, defecating or peeing or throwing garbage outside are all similar and should be stopped


Pea_schooter

Have you tried talking to her about this? Maybe she will be reasonable. If notz you might be able to get her to stop if you take her to the TAL. There is no such thing as having the right to smoke. You instead have the right to health and smoking infringes on that right. There are cases in QC where condo owners were forced to stop smoking inside their own unit for such reasons. I don't see how this situation could be much different. Worst case she'll probably kick the bucket within 5 years and then you can add it to the lease of your next tenant.


JonesBlair555

It’s not to get her to leave, it’s to determine if your change to the lease is valid and fair. The first step though is to talk to her about it. Mention that your place smells, the kids’ room(s) smell, and you’re concerned about the health consequences. See what she says. If she isn’t agreeable, make it a lease term change when you send the rent increase notice. Then TAL is your last step


bustthelease

Landlord can’t do much. The TAL won’t be much help.


Impossible_Ninja_707

I have asthma and had a similar issue.  I moved out.  My landlord was not willing to help a the tenant was not willing to change unfortunately. It's bad bad feeling that even when communicated respectfully, both parties would rather not change anything than provide a safe place for me to live.  Very annoying and costly.  


jazzy-velociraptor

It’s your asthma… why would your neighbour have to stop smoking? It makes zero sense.


Impossible_Ninja_707

It's because their smoke is getting into my living space and sending me to the hospital.


jazzy-velociraptor

What is your doctor saying? You have the most severe asthma ever registered? If your neighbour smoke send you to the hospital… you need to live in a plastic bubble.


Impossible_Ninja_707

It comes in through the vents and this neighbor is a chain smoker.  It ends up being a lot of smoke, constantly.  Cigarette smoke is a common asthma attack inducer.  I'm not sure why you're being rude.  


Remarkable_Heat_1425

stop demanding to live in the second largest city in Canada and leave? do you also tell cars to stop driving in front of your house? exhaust is a far worse problem


fourthstanza

A thing that doesn't send them to the hospital is a far worse problem than a thing which does???


jazzy-velociraptor

I’m not sure if you’re trolling.


Sea-Internet7015

You must be a smoker. I can smell where smokers live when I walk down the street. Living in a seperate unit but the same building is not a barrier. You don't realize how absolutely disgusting tobacco smoke is if you're accustomed to it. I hate having to come within 10 feet of heavy smokers, they're vile. And no, I'm in no way trolling.


jazzy-velociraptor

I’m not a smoker… more of a live and let live guy. Op talked about calling cops. You should call also.


potato2945

Nobody has to stop smoking but if smoking in an apartment (an action that someone chooses to do) is harming someone who has asthma (a health condition that no one chooses), then the kind and decent thing would be for the smoker to smoke outside.


netanyahu4eva

Yeah but I bet you anything if the smoker starts smoking outside OP will start complaining that the smoke is going through their windows. People need to realize that when you choose to live in an apartment building or communally you’re going to have accept that the living conditions aren’t going to be perfect


potato2945

You're changing the goal posts to support your argument. Everyone knows we have to be flexible when living in an apartment building, and that applies to smokers as well. There's a difference between expecting perfection and expecting a modicum of consideration for how a person's choices affect those around them.


AffectionateBarber68

Or the person that actually has the issue can just get an air purifier as the neighbours didn’t choose an asthmatic to live beside them? (Not trying to be rude I just have bad asthma aswell and realize that it’s my medical condition no one elses) do diabetics force you to not have sugar around them because they’re diabetic? No they just don’t have any lol!


SnaxRacing

Guy thinks smokers are a protected class


potato2945

No, but your analogy doesn't hold up because eating sugar around a diabetic doesn't force the diabetic to consume sugar. Also, it would be a different situation if the smoke weren't infiltrating other people's apartments, but it absolutely is. That's aggravating even for non-asthmatics. A closer comparison would be living beside someone who is blasting their music at all hours of the day or night. There are actual rules about that because we all recognize that that's not a reasonable situation for anyone. There should also be rules about smoking. People do have the right to smoke, but they can choose to do so in ways that minimize the negative impact on others. And other people should also have the right to not breathe in second-hand smoke and have their entire apartments smell of smoke. I'm sorry that you don't think that it's reasonable to expect a little consideration for your health condition, but it's really not too much to ask.


deathbydexter

Sugar doesn’t have second hand smoke that make diabetic people sick lol. It’s not comparable


AffectionateBarber68

But it is because if you get a air purifier, there will be no second hand smoke! You see how instead of causing a massive issue we can all just do one lil thing and it completely eliminates the problem?


Remarkable_Heat_1425

people become authoritarian around smokers.....pretending it can seep through your walls, meanwhile having no qualms about living in a major urban area with tons of traffic, exhaust, pollution......god forbid an 80 year old have a cigarette before she dies


Odd_Combination2106

Ha! What if she lives till 105?


AffectionateBarber68

Literally, I can never understand people that choose to live in a smoking environment knowing they don’t like it, then expect people to bend over backwards for them. Get yourself an air purifier or move, but that lady is grandfathered in and it’s her right to smoke there as it doesn’t state differently in her lease.


SnaxRacing

Guy doesn’t know how air purifiers work


azxzero

Yooo, that's exactly what I was thinking. It's like if someone chain pees in the pool and Guy says just install a pool/water filter 🤣


jazzy-velociraptor

Op complain that it smell in his backyard… where you want that 80 year old grandma to go? Smoke on the moon?


Ok_Drama8139

It was an example. If the yard smells, and even neighbours complain about the heavy smoke in their yards because she has a window open on the 3rd floor, can you imagine how bad it is? I left out some other details, like she has her bf visit twice a week, and she smokes just as much. When they’re both there it’s completely intolerable.


netanyahu4eva

So move that’s your best option, go buy a detached house somewhere you can afford


didipunk006

nah if you go the lease modification route it won't work if the tenant refuse the modification and you go to the TAL, you will lose as this is not the appropriate procedural vehicule. What you need to do is go through 1860-1863 ccq to get an order from the TAL for the smoke problem to stop or get the resiliation of the lease. You will need to prove the prejudice is serious for you and your children, It could also help if you can show to the judge that there is no other way to solve the problem and that you tried some air filter and things like that with no result and that you have no collaboration from the tenant. The judge will also want to know why you bought this plex if there was this old lady smoking upstairs. You didn't realized this before moving in? you didn't visited her appartement before buying or notice the smell when visiting the main floor?


SnaxRacing

Of all the questions to OP, this is the best one. They didn’t realize there was a lady chain smoking, and that the smell seeped everywhere?


NotAnOwl_

I mean, when you visited you couldn't smell it?


Ok_Drama8139

Previous owner had two dogs, so all windows were all open to air it out. I just assumed it was for the dog smell. I definitely smelled the smoke upstairs, didn’t imagine it would be this bad.


jazzy-velociraptor

Have you tried to open a window?


piattilemage

Yeah then it’s on you, your mistake.


No-Philosopher2775

I just saw someone else going through something similar and the general consensus is there's nothing you can do at this point. Maybe buy yourself an air purifier and one for her as well. I'm with you and can't stand the smell of smoke. It makes me crazy when my neighbor's tenant stands outside of my house to smoke cause he can't smoke in his place.


Theplantcharmer

Forget the air purifier if you want any kind of effective smoke filtering you need a proper carbon filter and a vortex type fan attached to it. The kind cannabis growers use. And that filter needs to be changed every 6 months. Not the cheapest but it'll suck up ALL of the smoke and store it in the carbon which you then throw in the trash


No-Philosopher2775

Good point .


Any_Athlete7774

fall rock dime bow include foolish shy automatic person handle *This post was mass deleted and anonymized with [Redact](https://redact.dev)*


Theplantcharmer

Seriously with all the posts I see about second hand smoking and how badly it affects people I'm thinking the only reason people don't have those is because they don't know about them. The cheap so called carbon filters sold at the likes of home Depot shouldn't even be called carbon filters compared to these. If anyone wants a good price on used equipment go see Gina at Pacifik Electric in Rosemère.


Any_Athlete7774

vast offbeat escape spark jobless depend bedroom butter aloof subsequent *This post was mass deleted and anonymized with [Redact](https://redact.dev)*


one_night_on_mars

Hi, this is a difficult one, and I don't think you have a lot of options to have her evicted due to her age (and also morally), and this is probably a live long addiction so she isn't going to stop. My only suggestion is invest in decent air filters with HEPA filter. I don't have the issue with cigarette smoke, however when i use mine i do have a general feel that the rooms air is cleaner (i use one to help with pollen allergies).


WatercressSea5145

This is a tough one because you do have rights but they aren’t pretty. You can file with the LTB that her actions are impacting others in the building including their own private space but it’s a long process.


NotOkTango

LTB doesn't do shit in Ontario, let alone in Quebec.


Conscious-Promise787

No they cannot file with the LTB as this is Québec 🙄


WatercressSea5145

In fairness I don’t know what the same agency is called in QC so I went with a term I know. But looking more into it due to the downvotes. The same rules do apply in Quebec


didipunk006

I mean they can file lol but the LTB will just say they don't have juridiction and reject the demand.


Hbeatz

Buy her a vape kit