Article 1959 of the Civil Code of Quebec gives landlords the right to evict their tenants to “divide the dwelling, enlarge it substantially or change its destination.” In accordance with article 1960 C.C.Q., the landlord will have to notify his tenant at least six months before the expiry of the lease in the case of...
In the course of their daily management, landlords can receive complains about a tenant doing drug trafficking or using drugs himself. Can the landlord obtain the resiliation of the lease by proving that the tenant is doing drug trafficking? Can he obtain it by proving only a use of drugs? In a 2003 decision, Corporation...
You are receiving more and more notices of assingment of lease in the course of your daily managment. The question at hand is to know the legal grounds on which they can be refused. In a case, Desrochers v. Courville(1), an interesting decision was rendered by the Régie du logement in favor of landlords. This...
Frequently, tenants will complain to their landlords about the noise made by a neighbour and the fact that they are not enjoying the peace of the property. In such a situation, what are the obligations for the landlord and for the tenants? The landlord, in accordance with article 1854 C.C.Q., must provide the peaceable enjoyment...
It frequently happens that urgent repairs must be made at once inside an apartment. Article 1865 of the Civil Code of Quebec states as follows : “The lessee shall allow urgent and necessary repairs to be made to ensure the preservation or enjoyment of the leased property. A lessor who makes such repairs may require...
As a landlord, you sometimes want to modify the conditions stipulated in the lease of your tenant. For example, you can want to take back a parking or a storage space that was used by your tenant. The question that can be asked is whether or not you can do this and, if you can,...
The most important obligation of a tenant is to pay the rent on the first day of each month, in accordance with article 1903 C.C.Q., unless otherwise agreed. Article 1971 C.C.Q. states that the landlord can make a demand for the resiliation of the lease when his tenant is three weeks late on his rent...
Sometimes, a tenant, in bad faith, will refuse to allow access to his apartment even though there are repairs to be made and he has been duly notified 24 hours prior. Obstinate refusal from the tenant could lead to the resiliation of the lease. Indeed, in decision, a tenant filed a complain at Montreal City...
Following the introduction of a demand for non-payment of rent to the Régie du logement, you receive, before the audition and from a Bankruptcy Trustee, a notice for the suspension of all procedures in conformity with the Bankruptcy and Insolvency Act(1) (hereafter : “Act”), because your tenant just went bankrupt. Therefore, you will not be...
NON-URGENT MAJOR IMPROVEMENTS AND MAJOR REPAIRS After being notified by his landlord, a tenant must allow non-urgent major repairs and improvements to be made. Such repairs could consist in the renovation of a kitchen, repairs in a bathroom or a change of windows in an apartment. NOTICE TO BE GIVEN TO THE TENANT Before beginning...
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