Section: Legal

The Baillus Chronicles: RENT SETTING FOR 2019 9 essential things to know

Article locked Published on by Me Jean-Olivier Reed

The Baillus Chronicles: RENT SETTING FOR 2019 9 essential things to know -

The Baillus Chronicles: RENT SETTING FOR 2019 9 essential things to know

With the general increase in the cost of living and the tax increases of the various levels of government, the profit margin of the owners is becoming less and less important.

In this context, the increase in rent is an essential mechanism that the owner should know in its smallest details.

Here are some tips for your 2019 increase.

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

Article locked Published on by Me Jean-Olivier Reed

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 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.

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

Article locked Published on by Me Jean-Olivier Reed

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.

Cancellation of a lease as a result of giving false information

Article locked Published on by Me Jean-Olivier Reed

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.

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

Article locked Published on by Me Robert Soucy

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.