Section: Legal

TRANSFER OF LEASE : HOW TO PREVENT IT FROM BECOMING A NIGHTMARE

Article locked Published on by Me Jean-Olivier Reed

TRANSFER OF LEASE : HOW TO PREVENT IT FROM BECOMING A NIGHTMARE -

TRANSFER OF LEASE : HOW TO PREVENT IT FROM BECOMING A NIGHTMARE

Section 1870 of the Civil Code of Québec allows the tenant, and this at any time during the lease, to assign his lease. The assignment of the lease allows the tenant to become free of all lease obligations by "transferring" his lease to another tenant. To do this he must send a written notice to the owner of his intention, with the name and address of the candidate, AND to obtain the owner’s consent to the transfer.

Do you know if you are well protected?

Article locked Published on by Me Annie Lapointe

Do you know if you are well protected? -

Do you know if you are well protected?

We spend a part of our lives to build a patrimony, so why not make sure to pass it on well and keep it in good condition?

A first investment, married life, a home, a joint investment, a baby, a wedding, a separation or a divorce, all these events change your situation and bring their own set of protections to contemplate. Everything happens very quickly with all the accidents of life that one has to face and sometimes we fail to take the necessary precautions and use the tools that are available to us to be well protected and informed, whether by lack of time or money. Yet our choices and our actions have legal implications that we tend to forget and we never remember it enough.

Editing the lease to sanction the behaviour of a tenant? Not the right way!

Article locked Published on by Me Annie Lapointe

Editing the lease to sanction the behaviour of a tenant? Not the right way! -

Editing the lease to sanction the behaviour of a tenant? Not the right way!

In case of refusal of the lease modifications you propose to a tenant, it is up to the landlord to, within one month of the refusal, request the Court of the Régie du logement to decide on the requested modification.

When it concerns the amount of the rent, the setting of the rent is based on a calculation under the Regulation Respecting the Criteria for the Fixing of the Rent. Regarding the modifications, however, no criteria exist for establishing what is allowed. Therefore, each case is a case to be assessed according to the circumstances by the judge. A recent judgment has come to remind us of this principle (1). In this situation, the landlord demanded modification of a land lease for hosting a mobile home, in order to remove from the rental, a part of additional land that had been leased to store a trailer.

A delivery of a notice by bailiff of rent increase is not proof of receipt of the notice by the tenant

Article locked Published on by Me Robert Soucy

A delivery of a notice by bailiff of rent increase is not proof of receipt of the notice by the tenant -

A delivery of a notice by bailiff of rent increase is not proof of receipt of the notice by the tenant

According to jurisprudence, it is on the shoulders of the landlord that lays the burden of proving that the notices of renewal of a lease have been given to the tenant and, if applicable, are binding on the latter.

In the case of Bon Apparte v. Rivera i, the Quebec Court recognized that paragraph 3 of section 7 of the Regulations on the procedure before the Régie du logement is mainly applied to applications and requests made before the Régie

A non-compliant chimney: the syndicate is responsible for the costs of remediation work

Article locked Published on by Me Kevin J. Lebeau

A non-compliant chimney: the syndicate is responsible for the costs of remediation work -

A non-compliant chimney: the syndicate is responsible for the costs of remediation work

The co-owners of a condominium unit demand from the syndicate $2793.21 for reimbursement of corrective work they had to pay because the chimney serving their unit did not meet the requirements of the National Building Code ("NBC"). They also claim $706.12 for the fees of their lawyer, who they hired for the purpose of determining the liability of the parties as to the payment of the work.