Whether it be repairing a brick wall, the balconies, the parking lot, the roofing, from landscaping to the foundation, an owner of income property should know about the consequences of this work and his obligations to his tenants.
1 – THE NOTICE: The obligatory notice mechanism is required under section 1922 for work carried out inside the housing only. Thus, external work does not require formal notice being given to tenants. This rule was confirmed in 2012 in Reid v. 1745 Cedar Ave Inc. 31-120621-042.
However, a courtesy notice given in advance to your tenants will allow them to take steps to minimize the impact of these works on their lives. For instance, a holiday taken at the same time, working with the family rather than at home, etc… There is no delay time to do it since this notice is not binding. This approach is a way to help maintaining a good relationship between you and your tenants and possibly reduce the damages claimed.
The evidence submitted at the hearing held at the Rental Board shows that the landlord tried to visit the apartment with prospective tenants. But the tenant refused access several times, although the latter had authorized the landlord to make two visits.
The tenant demands to be present during visits to his housing by potential tenants since he does not trust the landlord. He claims that the landlord would already have entered his housing without his permission. This last statement is belied by the landlord.
The tenant acknowledges that he changed the lock on the door of his dwelling without the consent of the landlord. It concerns a digital code lock.
The following question is always asked regularly to us by members of the Boards of Directors of co-ownerships and by co-owners: “There is no one who would want to sit on the Board, can’t we then not just entrust everything to a manager and let him deal with all of it?”
Our answer is no.
In general, the conditions of admissibility of a legal action are interest, capacity and quality. The applicant must have a sufficient interest to be able to submit a request to the Régie du logement.
When a request is signed by a person other than the applicant, even if the latter is correctly identified as the applicant on the procedure, such a request is contaminated by a flawed procedure. Sometimes the request of a landlord is submitted by an agent who is the manager of the dwelling belonging to the landlord. Moreover, the request may be signed by the daughter or the son of the landlord. This flaw in the procedure may lead to the rejection of the request. Otherwise, how can we remedy this defect?
We did not send any notices of rent increases, neither did the tenant send anything to us, what is going on?
In the absence of any notice from the tenant or by the landlord, after some delay, the lease is deemed to have been renewed. Thus, for a lease of twelve months or more, the time limit is three to six months before the end of the lease. For a lease of less than twelve months, the period of delay is one to two months before the end of the lease.