Section: Legal

Delay to open a claim for damages: What trap we must avoid

Article locked Published on by Me Jean-Olivier Reed

Delay to open a claim for damages: What trap we must avoid -

Delay to open a claim for damages: What trap we must avoid

For those who do not know already the delay to file a claim for damages to the Rental Board against a tenant is 3 years. (Based on section 2925 of the Civil Code of Québec)

However, if the claim is filed at the limit of the expiry of this period of 3 years, the applicant has 60 days to send a notice of (forward with proof of receipt) request to his tenant. Reference is made here to section 2892 of the Civil Code of Québec.

Legal mortgage: Can the syndicate recoup the costs?

Article locked Published on by Me Kevin Lebeau

Legal mortgage: Can the syndicate recoup the costs? -

Legal mortgage: Can the syndicate recoup the costs?

The Syndicate claims $7901.41 from one of the co-owners of the building. The syndicate asks that the co-owner should be ordered to repay that amount to it, amount which represents the fees and extrajudicial costs of its lawyers. The syndicate has incurred these expenditures in its efforts to recover the regular condo expenses and a special contribution unpaid by the co-owner. The syndicate has issued a legal mortgage against the fraction of the co-owner and has served a notice of exercise of its right.
For his part, the co-owner defended himself, and said that he owed nothing to the syndicate because of Section 2762, paragraph 2, of the Civil Code of Québec.

MOVING DAY on July the 1st: Belongings left behind after the departure of the tenant: A few tips to avoid a blunder!

Article locked Published on by Me Jean-Olivier Reed

MOVING DAY on July the 1st: Belongings left behind after the departure of the tenant: A few tips to avoid a blunder! -

MOVING DAY on July the 1st: Belongings left behind after the departure of the tenant: A few tips to avoid a blunder!

“Although, when leaving the premises, the tenant has the obligation to empty the housing of all its effects, sometimes this is not the case.” This quote from the Régie du logement director, Me Francine Jodoin, describes such a, quite so common, situation experienced by many owners on July the 1st, causing them many headaches. Here are thus some tips to prevent this yet simple situation from becoming a nightmare.

First, it should not be assumed a priori that the belongings left behind are waste. It would be wrong to think that. The decision to throw them out at this time could be costly for the owner.

The landlady sentenced to pay damages in a case of bed bugs

Article locked Published on by Me Robert Soucy

The landlady sentenced to pay damages in a case of bed bugs -

The landlady sentenced to pay damages in a case of bed bugs

The parties are bound by a lease from 1 September 2015 to 31 August 2016, at a monthly rent of $259. This is a subsidized housing and adapted for the disabled.

The tenant suffers from cerebral palsy since her birth and moves around using two wheelchairs, a manual one for inside and another, motorized one, for outside.
Shortly after taking possession, the housing of the tenant is infested with bed bugs. It is accepted that on 25 June 2015 the problem was eliminated.

Tenant refuses owner’s visit to his dwelling: sentenced to pay 4 months’ rent by the Rental Board

Article locked Published on by Me Annie Lapointe

Tenant refuses owner’s visit to his dwelling: sentenced to pay 4 months’ rent by the Rental Board -

Tenant refuses owner’s visit to his dwelling: sentenced to pay 4 months’ rent by the Rental Board

A recent judgment displays a situation where an owner had to request an access order to make visits for the re-renting of a housing.

A few months later, i.e. after the end of the lease, and without having had a hearing yet, the owner asked damages with interest, additionally.