Section: Legal

Major repair to a terrace: the syndicate must comply with the law and the declaration of co-ownership

Article locked Published on by Me Kevin J. Lebeau

Major repair to a terrace: the syndicate must comply with the law and the declaration of co-ownership -

Major repair to a terrace: the syndicate must comply with the law and the declaration of co-ownership

In a recent judgement of the Court of Québec, Small Claims division, a syndicate of co-ownership was ordered to pay damages to a co-owner because of water seepage from a common portion for restricted use.

GIVING NOTICE BY HAND: Can be dangerous!

Article locked Published on by Me Jean-Olivier Reed

GIVING NOTICE BY HAND: Can be dangerous! -

GIVING NOTICE BY HAND: Can be dangerous!

As an owner of a building in rental housing, several documents must be delivered to your tenants: notice of rent increase, notification, request at the Régie du logement or giving notice of works and the submission of these documents by hand seems to be the most economical.

Some clauses in the lease may have no effect!

Article locked Published on by Me Annie Lapointe

Some clauses in the lease may have no effect! -

Some clauses in the lease may have no effect!

In Quebec, unlike the rest of Canada, the payment of any amount of money other than the rent remains illegal. Whether it concerns a deposit for special keys, furniture included in the lease, or to accept a pet, it is illegal, and this even if the offer comes from the tenant himself.

A PARTY MAY NOT USE LEGAL DENIAL TO DELAY THE HEARING OF A CASE

Article locked Published on by Me Robert Soucy

A PARTY MAY NOT USE LEGAL DENIAL TO DELAY THE HEARING OF A CASE -

A PARTY MAY NOT USE LEGAL DENIAL TO DELAY THE HEARING OF A CASE

The tenant requests the disqualification of the administrative judge in the following nine files. The tenant has produced 5 requests in different files: 1) a reduction in rent, condemnation for damages with interest, request to be allowed to deposit his rent; 2) a request to be allowed to deposit his rent; 3) cessation of harassment and sentence for damages with interest; 4) cessation of harassment and sentence for damages with interest and punitive damages; 5) condemnation for damages and order to maintain the dwelling in good habitable condition. For his part, the landlord has produced 4 requests: 1) condemnation for damages with interest and work execution order; 2) termination of the lease and recovery of rent due; 3) termination of the lease and condemnation for damages; 4) termination of the lease. Recovery of rent and termination of the lease for frequent delays.

Change in the Code of Civil Procedure: Amendment to the right to have a Lawyer

Article locked Published on by Me Jean-Olivier Reed

Change in the Code of Civil Procedure: Amendment to the right to have a Lawyer -

Change in the Code of Civil Procedure: Amendment to the right to have a Lawyer

Since 1 January 2015, the Civil Procedure Code has been amended to increase from $7,000.00 to $15,000.00 the amount of eligible receivables to the Small Claims section.

You should also know that when a request is made under the Small Claims Division, the parties have no right to counsel under Section 959 of the Civil Procedure Code.