When a landlord receives a notice of lease assignment from their tenant, their basic right is to conduct a financial and behavioral investigation of the applicant in order to make an informed decision to accept or refuse the applicant.
Over the years, the Administrative Housing Tribunal has clarified and established the valid reasons for accepting or refusing candidates.
The grounds for refusal must be serious.
More recently, the Court explains to us that, without requiring a specific document, the owner has the right to ask the candidate for recent proof of his income and that he has the financial capacity to assume the various obligations (rent and electricity, internet, insurance for instance) related to the lease.
The landlady appealed to the Court of Québec against a decision of the Régie du logement refusing to hold the surety liable for the tenant’s obligations. The landlady has a lease in effect from September 1, 2017 to August 31, 2018. On March 24, 2018 the surety signed a document entitled: Lease endorsement. This signed endorsement provides:
“I, the undersigned... hereby agree to endorse the lease signed between the tenant and the landlady in favour of the landlady, for as long as the tenant designated above remains in this unit.
I hereby become jointly and severally liable with the tenant for the performance of the obligations of the said lease for the duration of the lease and for future renewals.”
A recent article highlighted the assignment of leases.
It encouraged tenants to assign their lease rather than give notice of their wish not to renew the lease. Therefore the tenants can choose their successor themselves.
The Association des Propriétaires du Québec (APQ) can only disagree with this initiative.
The choice of the future tenant is a right that belongs to the rental property owner. In addition to the aspect of meeting the future tenant, the landlord must ensure the peaceful enjoyment of the premises and be sure that the tenant will meet his financial obligations.
The tenant refers mainly to her great disappointment at the idea of leaving her present dwelling to which she is very attached after many years of occupation of the housing. She is also afraid that she will not be able to relocate at a reasonable price because she claims that the housing that would suit her best is often overpriced for her means. She argues that the landlady could house her mother on the ground floor, in her own home. This housing of 5 and a half rooms would be more than spacious enough to accommodate three people, while the son of the landlady could eventually even settle in the basement. Also, given the advanced age of the landlady’s mother and the many steps to access her upstairs dwelling, the tenant questions the mother’s physical ability to truly settle in the dwelling concerned.
Do not hesitate to visit your rental dwellings!
In a January 2020 decision, the tenant made a claim for damages and a ruling since he had the electricity disconnected due to an overload of the electrical system. He demanded to be reconnected. The landlord had applied for non-payment of rent and termination of the lease.