Forbidding Pets in a Lease
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Forbidding Pets in a Lease

When a landlord wants to resiliate a lease because of an animal in the apartment[1] he must always prove the serious prejudice the animal is causing by, for example, making complaining tenants testify. When said animal did not cause any prejudice to the landlord or to the others tenants, can the landlord demand an order...

Ban on Smoking : Legal or Illegal?
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Ban on Smoking : Legal or Illegal?

In a decision pronounced on March 17th 2010(1), a landlord was asking for the resiliation of the lease because the tenant had refused to keep up her engagement to not smoke in the building. It was proven, in this case, that before the signing of the lease by the tenant, the landlord had mentioned that...

Acquired right or tolerance?
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Acquired right or tolerance?

Sometimes, a tenant uses a parking space or storage space even though there is no mention in the lease which gives this right to the tenant. In such a case, we have to ask ourselves whether or not the use confers an acquired right to the tenant. In the Simard et al. c. Proteau et...

Abandonment of an apartment because it has become unfit
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Abandonment of an apartment because it has become unfit

It often happens: a tenant states that his apartment is infested by mould, bed bugs or cockroaches and that his health or the health of the occupants of the apartment are endangered. Under those circumstances, can the tenant abandon the dwelling? Article 1915 C.C.Q. states as follows: “1915. A lessee may abandon his dwelling if...

Duration of an Order to Pay the First Day of each Month
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Duration of an Order to Pay the First Day of each Month

A landlord can ask for the resiliation of the lease when a tenant does not pay his rent on the first day of each month and thus causing the landlord serious prejudice. According to article 1973 of the Civil Code of Quebec, the judge has the discretion to order the rent to be paid on...

Property Law in Quebec
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Property Law in Quebec

Right to maintain occupancy Property law in Quebec follows one big principle stated in the Civil Code : the right to maintain occupancy. Article 1936 C.C.Q. states that : “Every lessee has a personal right to maintain occupancy; he may not be evicted from the leased dwelling, except in the cases provided by law.” Therefore,...

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