Clothes do not make the man is an adage that also applies to contracts -
Clothes do not make the man is an adage that also applies to contracts

Clothes do not make the man is an adage that also applies to contracts

As much as the fact of signing a rental housing lease contract on a “homemade” form of one page does not exclude it from the jurisdiction of the Tribunal administratif du logement -Administrative Housing Tribunal, as much the opposite is true. Although a contract is signed on the mandatory lease form, it is possible in the end that the use one makes of it can be described as “commercial”.

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By Me Annie Lapointe.

Legal

  • Even if the dwelling is “dirty and smelling” -

    Even if the dwelling is “dirty and smelling”

    IT SHOULD NEVER BE ASSUMED THAT THE BELONGINGS LEFT BY THE TENANTS ARE JUST WASTE

    We are again at that most favourable time of the year for tenants to move out or to quickly abandon their dwellings.

    Moreover, the good weather is back again with plenty of tenants who flee their housings, often in secret, at night.

    But even if they might seem to have left, throwing away a tenant's furniture is never a good idea, unless they have written to you to do so. What seems waste to you could have significant value for the tenant. The risk of lawsuits for damages warrants taking the time to fully understand the concept of abandoning the dwelling and of being the custodian of a property in order to make an informed decision in the face of a given situation.

Various

  • Smoke and Cannabis: More consumption of it during Covid confinement -

    Smoke and Cannabis: More consumption of it during Covid confinement

    According to a study published by the Institut national de santé publique du Québec (INSPQ), cigarette and cannabis consumption increased during Covid confinement.

    “One third (32%) of cannabis users interviewed by INSPQ researchers during the period of April 16-28 reported that their use had increased “in the last week.” Also, 38% of smokers reported that their cigarette consumption had increased in the last month compared to before the pandemic.
    According to Statistics Canada, just over 1.2 million Quebecers smoke cigarettes every day or occasionally.”

Legal

Legal

  • Tenants with an unusual schedule must be tolerant -

    Tenants with an unusual schedule must be tolerant

    Depuis le début du confinement obligé de mars 2020 et ce, pendant plusieurs mois, les locataires du Québec sont restés continuellement dans leur logement et ce, bien souvent 24 heures sur 24. Parents et enfants ensemble en permanence pendant que d'autres travaillent à domicile ou ont des horaires atypiques, voici la recette parfaite pour que des conflits explosent et se cristallisent.

    Lorsqu'un propriétaire d'immeuble multi-logement reçoit une plainte de bruit, celui-ci se doit d'intervenir par écrit, car à moins d'être propriétaire occupant, il ne peut prendre partie pour l'un ou l'autre des belligérants n'étant pas là pour constater. Bien souvent, la situation n'est pas facile à analyser. Qui dit vrai? Qui croire? Le propriétaire doit prendre les informations froidement et de façon détachée et mettre en demeure les fautifs et ce, dans le but d'informer le locataire de la réception d'une plainte et de démontrer qu'il a agit face à cette plainte.

Legal

  • A promise to purchase is never to be taken lightly -

    A promise to purchase is never to be taken lightly

    In the current turmoil of the real-estate market, offers to purchase properties are sometimes plentiful. However, it's important to know that an offer to purchase is not to be taken lightly. Indeed, let us mention that according to the law, a contract is formed by the only exchange of consents between persons capable of contracting. This exchange of consents occurs through the manifestation of a person's willingness to accept the offer made to him by another person. So, it could even be done verbally.

    Usually, when we proceed formally, everything is done by exchanges of offer, acceptance, counter-offer, or refusal by means of writing, with the aim of preserving evidence and above all, by putting clear conditions in there.

More news

Real-estate

Building permits, November 2017 -

Building permits, November 2017

Source: statistique Canada

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.

Canadian housing starts trend stable in December -

Canadian housing starts trend stable in December

Source: SCHL

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.”

Legal

Clothes do not make the man is an adage that also applies to contracts -

Clothes do not make the man is an adage that also applies to contractsArticle locked

As much as the fact of signing a rental housing lease contract on a “homemade” form of one page does not exclude it from the jurisdiction of the Tribunal administratif du logement -Administrative Housing Tribunal, as much the opposite is true. Although a contract is signed on the mandatory lease form, it is possible in the end that the use one makes of it can be described as “commercial”.

Even if the dwelling is “dirty and smelling” -

Even if the dwelling is “dirty and smelling”Article locked

IT SHOULD NEVER BE ASSUMED THAT THE BELONGINGS LEFT BY THE TENANTS ARE JUST WASTE

We are again at that most favourable time of the year for tenants to move out or to quickly abandon their dwellings.

Moreover, the good weather is back again with plenty of tenants who flee their housings, often in secret, at night.

But even if they might seem to have left, throwing away a tenant's furniture is never a good idea, unless they have written to you to do so. What seems waste to you could have significant value for the tenant. The risk of lawsuits for damages warrants taking the time to fully understand the concept of abandoning the dwelling and of being the custodian of a property in order to make an informed decision in the face of a given situation.

Regulation

Subletting in an HLM (Low Rent Housing)? -

Subletting in an HLM (Low Rent Housing)?

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?

Remember to file your RL-31 slips by February 28 -

Remember to file your RL-31 slips by February 28

Source: Revenu Québec

If you own a residential complex, you have until February 28 to give your tenants and subtenants their RL-31 slips and file the slips with us. To prepare the slips quickly and easily, use the Prepare and View the RL-31 Slip online service