Section: Legal

Smoking or no smoking, we must not be a nuisance to our neighbours!

Article locked Published on by Me Annie Lapointe notaire

Smoking or no smoking, we must not be a nuisance to our neighbours! -

Smoking or no smoking, we must not be a nuisance to our neighbours!

As smoke is a current subject, it is possible to see a certain evolution in the judgements rendered on the subject. In a recent decision of the Régie du logement (1), the landlord asks for the termination of the tenant’s lease on the grounds that cigarette and cannabis smoke disturb the peaceful enjoyment of the premises for the other occupants of the building.

The peculiarity of this file is that no clause of prohibition of smoking is in the lease. Also, the tenant rents a unit owned by a divided co-ownership (condominium), that is, his neighbours are not tenants, but rather neighbouring owners. The problem began when the smells of tobacco and other substances started to be an inconvenience for the co-owner living above the tenant.

A privilege granted to the tenant cannot become a right

Article locked Published on by Me Robert Soucy

A privilege granted to the tenant cannot become a right -

A privilege granted to the tenant cannot become a right

Some landlords ask the Régie du logement to order a tenant to vacate the basement of the building that he occupies without right, as well as the two (2) parking spaces that he has illegally appropriated.

The facts
The facts put in evidence show that in the spring of 1997 a lease was entered into on July 1, 1997. This lease was renewed from year to year until June 30, 2016. The building concerned consists of a duplex in which the tenant has occupied for 18 years the housing located on the ground floor, consisting of 5 and a half rooms. Under the lease, the tenant benefits from a parking space inside the garage and has access to the backyard.

Abandonment of the housing by the tenant: a right that cannot be used for all evils

Article locked Published on by Me Annie Lapointe

Abandonment of the housing by the tenant: a right that cannot be used for all evils -

Abandonment of the housing by the tenant: a right that cannot be used for all evils

Some nuisances or particular situations can cause fears, founded or not. This is particularly the case when talking about mould, asbestos or even bugs in a housing. Do not jump to conclusions however, not all moulds are dangerous. The tenant cannot, therefore, in all the cases where one invokes mould, asbestos or other potentially dangerous situations, clear off and move out without any responsibility. It will have to be taken case by case, and only exceptional situations will justify a premature departure.

In a recent situation (1), tenants asked for the termination of the lease because they claimed that their housing was unfit for habitation. For her part, the landlady believed that the tenants left illegitimately and she claims damages from them.

Winter is upon us, which implies snow, and snow removal …

Article locked Published on by Me Annie Lapointe

Winter is upon us, which implies snow, and snow removal … -

Winter is upon us, which implies snow, and snow removal …

ometimes it is necessary to verify the lease in order to remember what the obligations are of each and everyone in this regard. Indeed, section E – “Services and Conditions” specifically determines who is responsible for snow removal and de-icing. Just mark the appropriate box for parking, balcony, entrance, sidewalk, driveway, and stairs. If you want the tenant to be responsible for all of this, it is very important to mark it for him.

This particular obligation can be a source of trouble, since not everyone does have the same schedule and, above all, not everyone adapts in the same way to the cold season.

Notice of lease modification: precautions to avoid problems - rent increase compromised

Article locked Published on by Me Jean-Olivier Reed

Notice of lease modification: precautions to avoid problems - rent increase compromised -

Notice of lease modification: precautions to avoid problems - rent increase compromised

In general, it is considered that the use of the bailiff is the safest way to deliver a document to one’s tenant. This is true for many documents but you have to be very careful about this statement in the case of a simple notice.

Indeed, when we speak more specifically about the notice of modification, as in section 1942 of the Civil Code of Québec, the law and jurisprudence require the landlord-owner to ensure that the notice of modification of the lease is received by the tenant.