The landlord, a Trust, wants to regain the housing of the landlord to accommodate in there the beneficiary of the Trust, Ms. Claire. The landlord forwards to the tenant, on December 31, 2012, through a bailiff, a notice of repossession of the housing, to accommodate Ms. Claire there, effective on June 3, 2013. The tenant answers that he refuses to vacate the housing. The landlord, i.e. the Trust, brings in a timely appeal to the Régie du logement to be allowed to repossess the dwelling.
Today, the belief in spirits that haunt homes or any other beliefs are a reality that may seem silly to some, but that is a major concern for others. Some movies and daily programs are taking very much advantage of this. So, when comes the time to rent an apartment in which a violent death has occurred, you must ask yourself the question if you must notify the applicants about these events?
At a time of the year when it is difficult to lease one’s units, the announcement of a tenant’s departure can be a source of disagreement. It is true to say that the tenant has, in most cases, signed a contract (the lease) and is therefore bound by the terms specified therein. However, the law is clear on the right of the tenant to sublet all or part of the leased property or assign the lease. The tenant must notify the landlord of his intention as well as about the name and address of the person to whom he intends to sublet the unit or assign the lease and he must obtain the consent of the landlord.
When you submit a request to the Régie du logement the applicant must forward this request to each tenant individually and make sure to have proof of its reception at the hearing. (Report of the bailiff or a copy of the signature of the registered mail – the white and red coupon alone is not enough.)
In a recent decision of the Court of Quebec, Small Claims division¹, the Court had to decide whether the request of two co-owners for damages caused to their unit by water infiltration was late, and if it is not, is the syndicate responsible for damage caused in their privative portion?