Non-payment of rent The different procedure and length of processing time at the Régie du logement

First of all, in Québec it is generally thought that the first and foremost obligation of a tenant is to pay his rent, and the Régie du logement assigns therefore a certain priority to the procedure of evicting a tenant who has not paid his rent and who still remains on the premises. Indeed, Section 1971 of the Civil Code of Québec allows the owner to file a request for termination of lease for non-payment of rent if the tenant is late for more than 3 weeks. The landlord does not, in principle, have the obligation to send a formal notice to the tenant prior to the filing of the request. Indeed, the tenant is automatically in default by the sole effect of the law.

Read more

By Me Jean-Olivier Reed.

Various

  • Insurance and housing: can a proof of insurance be required? -

    Insurance and housing: can a proof of insurance be required?

    This question often comes down to the responsibility of tenants in rental properties.
    Indeed, many tenants do not take insurance, neither for the furniture or to ensure their civil liability.

    The question is therefore: Can the landlord require his tenants to have home insurance?
    The answer is yes, but only under certain conditions.

Legal

  • SURVEILLANCE CAMERAS: What are the limits to the right to privacy? -

    SURVEILLANCE CAMERAS: What are the limits to the right to privacy?

    Owners of multi-unit buildings who deal with criminal acts, erratic, disturbing or violent behaviour, vandalism or theft in their buildings may decide to have surveillance cameras installed as a security measure. The following question should be asked then: what are the criteria and guidelines that make such means acceptable to the residents' right to privacy? The jurisprudence of the Régie du logement sets out some criteria that require your attention.

Legal

  • Cancellation of a lease as a result of giving false information -

    Cancellation of a lease as a result of giving false information

    In rental housing law, as in other areas of law, good faith must govern the conduct of the parties from the beginning till the end of the obligation. For the owners of buildings we are talking about the period from the signing of the lease until the evacuation of the premises at the end of the lease.

    The disclosure of a candidate's references is essential for the signing of the lease so that the landlord, following his investigation, can make an informed decision to accept or refuse to rent the dwelling. These references are at the basis of his decision. Their veracity and accuracy represent the good faith of the candidate.

Word of the editor

  • The Bitcoin joins cannabis in becoming a real concern for rental housing owners -

    The Bitcoin joins cannabis in becoming a real concern for rental housing owners

    Who would ever have thought that, after the inconvenience related to cannabis cultivation and smoke, rental property owners would have to deal with the problems associated with tenants putting up digital currency installations.

    Indeed, some landlords are dealing with tenants who have installed dozens of servers in their apartment. These devices are used to 'mint' digital currency.

    It is expected that this type of installation will reoccur and spread because substantial revenues are derived from this type of operation.

Legal

  • For a tenant it is difficult to prove that his dwelling is unfit for habitation because of mould -

    For a tenant it is difficult to prove that his dwelling is unfit for habitation because of mould

    In the context of this legal proceeding concerning a residential lease, it is the applicant who must establish, by a preponderance of evidence, the nature of the breach of contract, injury and causation. That said, and although the application of the ordinary rules requires the demonstration as part of a trial, certain facts supporting the claims of the parties, on the balance of evidence, legislators had hoped that the unsuitability of the housing might have been established and declared by another authority than the one assigned to the Régie du logement.

More news

Real-estate

Building permits, November 2017 -

Building permits, November 2017

Source: statistique Canada

The value of building permits issued by Canadian municipalities declined 7.7% to $7.7 billion in November, the first decrease in three months. Nationally, the value of permits for all building components declined, with the exception of single-family dwellings.

Canadian housing starts trend stable in December -

Canadian housing starts trend stable in December

Source: SCHL

The trend in housing starts was 226,777 units in December 2017, compared to 226,178 units in November 2017, according to Canada Mortgage and Housing Corporation (CMHC). This trend measure is a six-month moving average of the monthly seasonally adjusted annual rates (SAAR) of housing starts.

“Despite the variation in activity across the country, the national trend in housing starts held steady at its highest level since 2008,” said Bob Dugan, CMHC’s chief economist. “Apartment starts in urban centres were up 6.2% in 2017 compared to 2016.”

Legal

Non-payment of rent  The different procedure and length of processing time at the Régie du logement -

Non-payment of rent The different procedure and length of processing time at the Régie du logementArticle locked

First of all, in Québec it is generally thought that the first and foremost obligation of a tenant is to pay his rent, and the Régie du logement assigns therefore a certain priority to the procedure of evicting a tenant who has not paid his rent and who still remains on the premises. Indeed, Section 1971 of the Civil Code of Québec allows the owner to file a request for termination of lease for non-payment of rent if the tenant is late for more than 3 weeks. The landlord does not, in principle, have the obligation to send a formal notice to the tenant prior to the filing of the request. Indeed, the tenant is automatically in default by the sole effect of the law.

SURVEILLANCE CAMERAS: What are the limits to the right to privacy? -

SURVEILLANCE CAMERAS: What are the limits to the right to privacy?Article locked

Owners of multi-unit buildings who deal with criminal acts, erratic, disturbing or violent behaviour, vandalism or theft in their buildings may decide to have surveillance cameras installed as a security measure. The following question should be asked then: what are the criteria and guidelines that make such means acceptable to the residents' right to privacy? The jurisprudence of the Régie du logement sets out some criteria that require your attention.

Regulation

Remember to file your RL-31 slips by February 28 -

Remember to file your RL-31 slips by February 28

Source: Revenu Québec

If you own a residential complex, you have until February 28 to give your tenants and subtenants their RL-31 slips and file the slips with us. To prepare the slips quickly and easily, use the Prepare and View the RL-31 Slip online service

Improved quality of construction and public safety in buildings - We want to know your opinion! -

Improved quality of construction and public safety in buildings - We want to know your opinion!

L'Association des Propriétaires du Québec (APQ) wants to know your comments :

A consultation process was launched on 18 November by the Régie du bâtiment du Québec. In so doing, one attempts to simplify the applicable regulations, find the best balance between the accountability of all stakeholders, regulatory and administrative relief, and the quality of construction and public safety.