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...
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...
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...
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...
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...
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...
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,...
Il arrive parfois qu’un locataire quitte son logement, soit à la fin de son bail, soit par déguerpissement, et qu’il y laisse des effets. Dans une telle situation, quelle est la réaction appropriée pour un propriétaire? Afin d’être considéré avoir agi en toute légalité et de bonne foi, plusieurs étapes doivent être suivies avec attention...
We practice primarily in the area of owner- tenant relationships and real estate law.
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