Dividing, enlarging or changing the destination of a dwelling
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Dividing, enlarging or changing the destination of a dwelling

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...

Resiliation of the lease and drug trafficking
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Resiliation of the lease and drug trafficking

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...

Lease Assignment and the Grounds for Refusal
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Lease Assignment and the Grounds for Refusal

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...

Noise and apartment
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Noise and apartment

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...

Suretyship and renewal of the lease
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Suretyship and renewal of the lease

A landlord can encounter candidates he does not wish to refuse even though they are inexperienced or have an average credit file. However, he cannot let them lease his property without any surety either. Therefore, some landlords think about the possibility of a suretyship. Is it the best solution? What will happen when the lease...

Fraud and false representations
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Fraud and false representations

You have just leased to a seemingly perfect tenant. Good credit, no decisions at the Régie du logement, no banckruptcy. After a few weeks however, you realise that he lied. Is it possible to cancel the lease? The lease is a contract. This means that, as stated in article 1375 C.C.Q., both parties must negotiate...

Urgent repairs in an apartment
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Urgent repairs in an apartment

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...

Abandonment of a dwelling
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Abandonment of a dwelling

Sometimes, a tenant moves out of his apartment before the termination of his lease, without notifying his landlord of his intentions. In such a situation, will the lease be considered resiliated or not. Article 1975 C.C.Q. states as follows: “The lease is resiliated of right where a lessee abandons the dwelling without any reason, taking...

Modification of a lease
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Modification of a lease

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,...

Non-Payment of Rent and Frequent Late Payments
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Non-Payment of Rent and Frequent Late Payments

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...

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