Generally, it is believed that the use of the bailiff is the safest way to deliver a document to one’s tenant.
However, when specifically talking about the notice of amendment to Section 1942 of the Civil Code of Quebec, law and jurisprudence require the owner to ensure that the notice of modification of the lease is received by the tenant.
The tenant claims the revocation of the decision rendered on 31 October 2013 which terminates the lease and sentenced him to pay the sum of $9,625.00 for unpaid rent.
The tenant alleged in his claim that he is able to produce new evidence to justify a partial or total reduction of rent. The document in question is a report on the presence of mold in the house. The report is dated October 31, and the analysis has been done on 28 October 2013.
In a recent judgment, the Court of Quebec, a Small Claims division¹, focused on a claim for damages from a syndicate of co-owners against a co-owner for damage caused by an intervention of the fire brigade due to a fire in a neighboring unit on the same floor. For his part, the co-owner calls to justice, in the same case, the syndicate for the stress and inconvenience he claims to have suffered as a result of the law suit by the syndicate.
The Court of Quebec dismissed the permission to appeal and upheld the decision rendered by the Régie du logement which terminated the lease and ordered the eviction of the tenant from her dwelling.
It is clear in law that the landlord may obtain termination of the lease if the tenant is in arrears for more than three weeks in the payment of rent. Does this mean that the tenant can then pay until the 23rd of the month without any legal consequences?