Le Propriétaire http://leproprietaire.apq.org Le Propriétaire - Le journal par excellence en immobilier en Copyright 2019, Le Propriétaire Mon, 20 May 2019 14:56:30 -0500 60 Newscoop http://leproprietaire.apq.org/themes/publication_3/theme_1/_img/logo.png Le Propriétaire http://leproprietaire.apq.org Repossession of a housing http://leproprietaire.apq.org/en/December2018/word-editor/9853 <img src="http://leproprietaire.apq.org/images/thumbnails/cms-thumb-000002591.jpg" border="0" align="left" hspace="5" /> In order to repossess a dwelling, a notice must be sent indicating that one intends to repossess the dwelling. This notice must be detailed and comply with the provisions of the Civil Code of Québec. If you miss a portion of the notice, it could be declared invalid and your initiative will be doomed to failure. The time frame within which the notice must be sent is extremely important. Let's first take the example of the best-known regular lease, that is, a 12-month lease. At this time, the notice must be sent at least 6 months before the end of the lease. If your lease, for instance, is a lease from July 1, 2018 to June 30, 2019, your notice must be sent no later than December 31, 2018. <br clear="all"> <img src="https://stats.gestionefficace.net:9914/piwik.php?idsite=17&rec=1&action_name=RSS-Repossession of a housing&_rcn=RSS" style="border:0" alt="" /> Word of the editor Martin A. Messier Thu, 20 Dec 2018 10:09:41 -0500 http://leproprietaire.apq.org/en/December2018/word-editor/9853 The Baillus Chronicles: RENT SETTING FOR 2019 9 essential things to know http://leproprietaire.apq.org/en/November2018/legal/9816 <img src="http://leproprietaire.apq.org/images/thumbnails/cms-thumb-000001678.jpg" border="0" align="left" hspace="5" /> 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. <br clear="all"> <img src="https://stats.gestionefficace.net:9914/piwik.php?idsite=17&rec=1&action_name=RSS-The Baillus Chronicles: RENT SETTING FOR 2019 9 essential things to know&_rcn=RSS" style="border:0" alt="" /> Legal Me Jean-Olivier Reed Fri, 23 Nov 2018 02:19:31 -0500 http://leproprietaire.apq.org/en/November2018/legal/9816 Subletting in an HLM (Low Rent Housing)? http://leproprietaire.apq.org/en/November2018/regulation/9814 <img src="http://leproprietaire.apq.org/images/thumbnails/cms-thumb-000002570.jpg" border="0" align="left" hspace="5" /> In Paris, France, a tenant was punctually subletting part of her housing with Airbnb while the regulations forbade it. Madame challenged her eviction explaining that if she subleased her housing on Airbnb, it was because of financial difficulties related to the amount of her income (« 2250 euros per month »), while the Régie Immobilière (Real-Estate Board) of the City of Paris replied that she has « a salary of 2289 euros, alimony, and a family-support allowance, in respect of a rental rate representing less than a third of her income, i.e. a disposable income of 1,000 euros ». But if a tenant who benefits from social housing wants to sublet this dwelling, does he have the right to do so? <br clear="all"> <img src="https://stats.gestionefficace.net:9914/piwik.php?idsite=17&rec=1&action_name=RSS-Subletting in an HLM (Low Rent Housing)?&_rcn=RSS" style="border:0" alt="" /> Regulation Communication service Thu, 22 Nov 2018 11:11:10 -0500 http://leproprietaire.apq.org/en/November2018/regulation/9814 Non-payment of rent The different procedure and length of processing time at the Régie du logement http://leproprietaire.apq.org/en/October2018/legal/9783 <img src="http://leproprietaire.apq.org/images/thumbnails/cheque-thumbnail.jpg" border="0" align="left" hspace="5" /> 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. <br clear="all"> <img src="https://stats.gestionefficace.net:9914/piwik.php?idsite=17&rec=1&action_name=RSS-Non-payment of rent The different procedure and length of processing time at the Régie du logement&_rcn=RSS" style="border:0" alt="" /> Legal Me Jean-Olivier Reed Fri, 26 Oct 2018 02:34:54 -0500 http://leproprietaire.apq.org/en/October2018/legal/9783 Insurance and housing: can a proof of insurance be required? http://leproprietaire.apq.org/en/October2018/various/9779 <img src="http://leproprietaire.apq.org/images/thumbnails/cms-thumb-000001450.jpg" border="0" align="left" hspace="5" /> 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. <br clear="all"> <img src="https://stats.gestionefficace.net:9914/piwik.php?idsite=17&rec=1&action_name=RSS-Insurance and housing: can a proof of insurance be required?&_rcn=RSS" style="border:0" alt="" /> Various Communication service Thu, 25 Oct 2018 09:27:18 -0500 http://leproprietaire.apq.org/en/October2018/various/9779 SURVEILLANCE CAMERAS: What are the limits to the right to privacy? http://leproprietaire.apq.org/en/August18/legal/9704 <img src="http://leproprietaire.apq.org/images/thumbnails/cms-thumb-000002576.jpg" border="0" align="left" hspace="5" /> 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. <br clear="all"> <img src="https://stats.gestionefficace.net:9914/piwik.php?idsite=17&rec=1&action_name=RSS-SURVEILLANCE CAMERAS: What are the limits to the right to privacy?&_rcn=RSS" style="border:0" alt="" /> Legal Me Jean-Olivier Reed Fri, 10 Aug 2018 03:14:44 -0500 http://leproprietaire.apq.org/en/August18/legal/9704 Cancellation of a lease as a result of giving false information http://leproprietaire.apq.org/en/April2018/legal/9566 <img src="http://leproprietaire.apq.org/images/thumbnails/cms-thumb-000002363.jpg" border="0" align="left" hspace="5" /> 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. <br clear="all"> <img src="https://stats.gestionefficace.net:9914/piwik.php?idsite=17&rec=1&action_name=RSS-Cancellation of a lease as a result of giving false information&_rcn=RSS" style="border:0" alt="" /> Legal Me Jean-Olivier Reed Thu, 05 Apr 2018 02:18:19 -0500 http://leproprietaire.apq.org/en/April2018/legal/9566 The Bitcoin joins cannabis in becoming a real concern for rental housing owners http://leproprietaire.apq.org/en/March18/word-editor/9554 <img src="http://leproprietaire.apq.org/images/thumbnails/cms-thumb-000002537.jpg" border="0" align="left" hspace="5" /> 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. <br clear="all"> <img src="https://stats.gestionefficace.net:9914/piwik.php?idsite=17&rec=1&action_name=RSS-The Bitcoin joins cannabis in becoming a real concern for rental housing owners&_rcn=RSS" style="border:0" alt="" /> Word of the editor Martin A Messier Tue, 27 Mar 2018 02:53:25 -0500 http://leproprietaire.apq.org/en/March18/word-editor/9554 For a tenant it is difficult to prove that his dwelling is unfit for habitation because of mould http://leproprietaire.apq.org/en/March18/legal/9547 <img src="http://leproprietaire.apq.org/images/thumbnails/cms-thumb-000002423.jpg" border="0" align="left" hspace="5" /> 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. <br clear="all"> <img src="https://stats.gestionefficace.net:9914/piwik.php?idsite=17&rec=1&action_name=RSS-For a tenant it is difficult to prove that his dwelling is unfit for habitation because of mould&_rcn=RSS" style="border:0" alt="" /> Legal Me Robert Soucy Fri, 23 Mar 2018 02:13:29 -0500 http://leproprietaire.apq.org/en/March18/legal/9547 Smoking or no smoking, we must not be a nuisance to our neighbours! http://leproprietaire.apq.org/en/March18/legal/9539 <img src="http://leproprietaire.apq.org/images/thumbnails/cms-thumb-000002258.jpg" border="0" align="left" hspace="5" /> 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. <br clear="all"> <img src="https://stats.gestionefficace.net:9914/piwik.php?idsite=17&rec=1&action_name=RSS-Smoking or no smoking, we must not be a nuisance to our neighbours!&_rcn=RSS" style="border:0" alt="" /> Legal Me Annie Lapointe notaire Fri, 16 Mar 2018 04:38:35 -0500 http://leproprietaire.apq.org/en/March18/legal/9539 A privilege granted to the tenant cannot become a right http://leproprietaire.apq.org/en/February2018/legal/9482 <img src="http://leproprietaire.apq.org/images/thumbnails/cms-thumb-000001534.jpg" border="0" align="left" hspace="5" /> 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. <br clear="all"> <img src="https://stats.gestionefficace.net:9914/piwik.php?idsite=17&rec=1&action_name=RSS-A privilege granted to the tenant cannot become a right&_rcn=RSS" style="border:0" alt="" /> Legal Me Robert Soucy Fri, 09 Feb 2018 03:04:02 -0500 http://leproprietaire.apq.org/en/February2018/legal/9482 Will cannabis use be a horror for rental property owners? http://leproprietaire.apq.org/en/February2018/word-editor/9486 <img src="http://leproprietaire.apq.org/images/thumbnails/cms-thumb-000002420.png" border="0" align="left" hspace="5" /> In the wake of the law that will probably legalize the use of cannabis, beginning on July 1, 2018, rental property owners and tenants of rental income housing are quite concerned. Indeed, the odours resulting from cannabis smoke are very strong and quite annoying for most people. In a building, ventilation systems and the proximity of people to each other are elements that converge into a problematic situation for everyone’s life. <br clear="all"> <img src="https://stats.gestionefficace.net:9914/piwik.php?idsite=17&rec=1&action_name=RSS-Will cannabis use be a horror for rental property owners?&_rcn=RSS" style="border:0" alt="" /> Word of the editor Martin Messier Tue, 06 Feb 2018 03:09:04 -0500 http://leproprietaire.apq.org/en/February2018/word-editor/9486 Abandonment of the housing by the tenant: a right that cannot be used for all evils http://leproprietaire.apq.org/en/February2018/legal/9478 <img src="http://leproprietaire.apq.org/images/thumbnails/cms-thumb-000001660.jpg" border="0" align="left" hspace="5" /> 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. <br clear="all"> <img src="https://stats.gestionefficace.net:9914/piwik.php?idsite=17&rec=1&action_name=RSS-Abandonment of the housing by the tenant: a right that cannot be used for all evils&_rcn=RSS" style="border:0" alt="" /> Legal Me Annie Lapointe Fri, 02 Feb 2018 03:04:07 -0500 http://leproprietaire.apq.org/en/February2018/legal/9478 Bank of Canada increases overnight rate target to 1 1/4 per cent http://leproprietaire.apq.org/en/January2018/various/9461 <img src="http://leproprietaire.apq.org/images/thumbnails/cms-thumb-000001678.jpg" border="0" align="left" hspace="5" /> The Bank of Canada today increased its target for the overnight rate to 1 1/4 per cent. The Bank Rate is correspondingly 1 1/2 per cent and the deposit rate is 1 per cent. Recent data have been strong, inflation is close to target, and the economy is operating roughly at capacity. However, uncertainty surrounding the future of the North American Free Trade Agreement (NAFTA) is clouding the economic outlook. <br clear="all"> <img src="https://stats.gestionefficace.net:9914/piwik.php?idsite=17&rec=1&action_name=RSS-Bank of Canada increases overnight rate target to 1 1/4 per cent&_rcn=RSS" style="border:0" alt="" /> Various Communication service Wed, 17 Jan 2018 11:25:41 -0500 http://leproprietaire.apq.org/en/January2018/various/9461 Building permits, November 2017 http://leproprietaire.apq.org/en/January2018/real-estate/9457 <img src="http://leproprietaire.apq.org/images/thumbnails/Photo-construction-2-mars-09-thumbnail.JPG" border="0" align="left" hspace="5" /> 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. <br clear="all"> <img src="https://stats.gestionefficace.net:9914/piwik.php?idsite=17&rec=1&action_name=RSS-Building permits, November 2017&_rcn=RSS" style="border:0" alt="" /> Real-estate Communication service Tue, 16 Jan 2018 02:04:20 -0500 http://leproprietaire.apq.org/en/January2018/real-estate/9457 Canadian housing starts trend stable in December http://leproprietaire.apq.org/en/January2018/real-estate/9453 <img src="http://leproprietaire.apq.org/images/thumbnails/Photo-construction-locatif-13-fev.-2007-thumbnail.JPG" border="0" align="left" hspace="5" /> 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.” <br clear="all"> <img src="https://stats.gestionefficace.net:9914/piwik.php?idsite=17&rec=1&action_name=RSS-Canadian housing starts trend stable in December&_rcn=RSS" style="border:0" alt="" /> Real-estate Communication service Thu, 11 Jan 2018 03:44:24 -0500 http://leproprietaire.apq.org/en/January2018/real-estate/9453 Savings today, peace of mind tomorrow …with up to 30%* savings on your home and auto insurance http://leproprietaire.apq.org/en/January2018/various/9451 <img src="http://leproprietaire.apq.org/images/thumbnails/cms-thumb-000002411.png" border="0" align="left" hspace="5" /> Did you know your group membership benefit entitles you to savings and discounts on your home and auto insurance not available to the general public? With The Personal, you get group rates exclusive to members of Association des propriétaires du Québec – plus savings of up to 30%* on your home and auto insurance. <br clear="all"> <img src="https://stats.gestionefficace.net:9914/piwik.php?idsite=17&rec=1&action_name=RSS-Savings today, peace of mind tomorrow …with up to 30%* savings on your home and auto insurance&_rcn=RSS" style="border:0" alt="" /> Various Communication service Wed, 10 Jan 2018 04:09:25 -0500 http://leproprietaire.apq.org/en/January2018/various/9451 Taking protective measures during your holidays, as a rental-housing owner http://leproprietaire.apq.org/en/December17/word-editor/9449 <img src="http://leproprietaire.apq.org/images/thumbnails/cms-thumb-000002408.jpg" border="0" align="left" hspace="5" /> Many rental-housing owners will enjoy the Florida or Mexico sunshine or other sun destinations, in the coming months. As a rental-property owner you have several responsibilities that cannot be suspended during your absence. It is important to ensure that your mail is checked regularly by one of your loved ones or one of your trusted employees. You could indeed receive notices from the municipality, your insurer, a tenant, or a notice from the Régie du logement that may require immediate attention to avoid any further problems. <br clear="all"> <img src="https://stats.gestionefficace.net:9914/piwik.php?idsite=17&rec=1&action_name=RSS-Taking protective measures during your holidays, as a rental-housing owner&_rcn=RSS" style="border:0" alt="" /> Word of the editor Martin A Messier Fri, 05 Jan 2018 03:49:29 -0500 http://leproprietaire.apq.org/en/December17/word-editor/9449 Winter is upon us, which implies snow, and snow removal … http://leproprietaire.apq.org/en/December17/legal/9436 <img src="http://leproprietaire.apq.org/images/thumbnails/cms-thumb-000002093.jpg" border="0" align="left" hspace="5" /> 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. <br clear="all"> <img src="https://stats.gestionefficace.net:9914/piwik.php?idsite=17&rec=1&action_name=RSS-Winter is upon us, which implies snow, and snow removal …&_rcn=RSS" style="border:0" alt="" /> Legal Me Annie Lapointe Wed, 03 Jan 2018 04:49:30 -0500 http://leproprietaire.apq.org/en/December17/legal/9436 Notice of lease modification: precautions to avoid problems - rent increase compromised http://leproprietaire.apq.org/en/December17/legal/9434 <img src="http://leproprietaire.apq.org/images/thumbnails/cms-thumb-000002099.jpg" border="0" align="left" hspace="5" /> 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. <br clear="all"> <img src="https://stats.gestionefficace.net:9914/piwik.php?idsite=17&rec=1&action_name=RSS-Notice of lease modification: precautions to avoid problems - rent increase compromised&_rcn=RSS" style="border:0" alt="" /> Legal Me Jean-Olivier Reed Wed, 27 Dec 2017 13:42:02 -0500 http://leproprietaire.apq.org/en/December17/legal/9434