Section: Legal

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

Article locked Published on by Me Annie Lapointe

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”.

Even if the dwelling is “dirty and smelling”

Article locked Published on by Me Jean-Olivier Reed

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.

The landlord's request to repossess the housing is granted even though relations with the tenant have been more strained in recent months

Article locked Published on by Me Robert Soucy

The landlord's request to repossess the housing is granted even though relations with the tenant have been more strained in recent months -

The landlord's request to repossess the housing is granted even though relations with the tenant have been more strained in recent months

The landlord has submitted a request for permission to repossess the housing occupied by the tenant. On December 13, 2020, the landlord advised the tenant that he intended to return to the unit for housing purposes as of July 1, 2021. On January 9, 2020, within the time limit set out in section 1962 of the Québec Civil Code, the tenant gave notice to the landlord that she was refusing to leave the premises. The landlord then applied for repossession of the housing.

Tenants with an unusual schedule must be tolerant

Article locked Published on by Me Jean-Olivier Reed

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.

A promise to purchase is never to be taken lightly

Article locked Published on by Me Annie Lapointe

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.