The landlady asks for the termination of the lease, the eviction of the tenant and provisional execution despite the appeal. The lease between the parties is from October 1, 2020 to September 30, 2021 at a monthly rent of $1571. An annotation to the lease states: “The building is a 100% smoke-free environment from cigarettes and cannabis (apartment, balcony, terrace).” The initial lease signed in 2018 with the previous tenant also had a smoking ban in the dwelling, on the balcony and the indoor and outdoor common areas.
Is it possible to ask the Tribunal du logement to be relieved of a defect?
Since September 1, 2020, the government has not only changed the name of the Régie du logement to “Tribunal administratif du logement,” but it has added several more restrictive and mandatory rules, taking by surprise several owners of income buildings in recent months. Several of them had their files closed for failing to comply with these same rules.
It can never be said enough, the tenant has a right to remain in the premises. That is to say, it is not so simple to terminate his lease, even at its end, because he is entitled to a renewal. Let it be said, if a tenant refuses to leave at the end of his lease, following an agreement to that effect or even following a decision of the Tribunal terminating his lease, we cannot limit ourselves to taking the tenant's property out of the dwelling simply because the lease is “terminated.” Such a practice is tantamount to taking the law into one's own hands and may constitute an infringement of the tenant's rights and lead to an order to pay damages.
Although you are the owner of the rented dwelling, if you have chosen to rent it as a housing to someone, you should know that henceforth, the Charter of Human Rights and Freedoms protects him or her in the event of intrusion into the dwelling, by the following sections in particular
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”.
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.