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.
Tout comme certaines clauses dans le bail, la clause de stationnement gagnerait souvent à être plus détaillée qu'un simple ''x'' dans une case à cocher.
Dans une situation récente, le propriétaire demandait la résiliation du bail parce que, selon lui, le locataire exploitait une entreprise de soudure et de mécanique dans la cour où se trouve l'immeuble. Selon la décision, le locataire a un espace de stationnement dans le garage double, en plus d'un espace de stationnement extérieur qui fait partie de son bail.
In a recent judgement of the Court of Québec, Small Claims division 1, the Court held that a co-owner of a building had not proved that the plant-sprinkling water from his neighbour, three floors up, was responsible for the deterioration of the painted surfaces of his balcony. The syndicate of co-ownership, called in as warranty by the prosecuted co-owner is not responsible either, according to the Court.
The claims of the parties in the Court
The plaintiff and the defendant own condominiums located respectively on the 24th and 27th floors of the building. The plaintiff accuses the defendant of having badly maintained the balcony of his condominium, thereby causing the flow of wastewater. The applicant therefore claims from him $4,300 in compensation for water damage to his balcony.
Do not forget that marriage provides some protection to spouses, whether it is at the time of divorce or death. Let us also remember that the de facto partner, i.e. the one with whom we live, whether it is for one year or thirty years, does not enjoy the same protection established by law. If one desires to be protected there must be documents accordingly.
The tenants claim a reduction in rent of $200.00 per month, damages with interest of a $1,000.00. They also ask the Court to declare the dwelling unfit for habitation and to terminate the lease as of December 15, 2009. On 5 January 2010, the building inspector for the City of Montreal issued an evacuation notice from the tenants’ housing because of the high site contamination by mould. On 21 January, the 2 parties, the landlord and the tenants, agree to terminate the lease with effect from 31 January 2010. The tenants leave the premises on 24 January 2010.