In the ruling Lee vs. Tran, the lessors request the emission of an ordinance for access to the apartment and the provisional execution of the decision. It is also requested to rule on the expenses.
The parties are bound by a lease covering the period of July 1, 2009 to June 30, 2010, with a monthly rent of 465 $. The asking party (the lessor) pleads that the tenants refuse to give them access to the dwelling in order to carry out various reparations there, required by the municipal authorities concerned.
The proof shows that the lessors received a list of non-conformities and works to be carried out in the dwelling. The works must be carried out within 30 days after reception of the notice on March 3, 2010 under penalty of fines.
The proof indicates that the agent of the lessors, i.e. Carson Lee, was expelled from the dwelling on March 8, 2010 by the tenant. In spite of the notices and the return to the dwelling of the agent accompanied by a contractor, and this on March 16, 2010, the access to the dwelling was prohibited to him by the tenants who called the police officers. Carson Lee affirms that the tenants changed the lock and installed a chain on the door. The tenant Duong Anh Dune admits having expelled the agent of the lessors owing to the fact that the latter would have penetrated in the rooms when he was present in the premises. However, it is important to note that the rooms belong to the rented premises and that a lessor can carry out an inspection there or work, as in the other parts of the dwelling when he exerts this right in conformity with the law.
In the opinion of the court, the lessors are held to carry out the repairs described in the list put to proof and they must have access to the dwelling and this, without another delay or hindrance. The whole of the proof shows that it is indicated to emit an ordinance so that the lessors can have access to the dwelling, the whole respecting articles 1931, 1933 and 1934 of the Civil code of Quebec which state what follows:
« 1931. The lessor is bound, except in case of emergency, to give the lessee a prior notice of 24 hours of his intention to ascertain the condition of the dwelling, to carry out work in the dwelling or to have it visited by a prospective acquirer. »
He may deny him access before
The court can order the party which does not conform to this obligation to give the other (party) access to the dwelling. ”
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