Article 1870 of the Civil Code of Quebec allows the tenant, at any time during the lease, to termination the lease. The assignment of a lease allows the tenant to free himself from all the obligations of the lease by "transferring" his lease to another tenant. To do so, he must send a written notice to the owner of his intention with the name and address of the candidate AND obtain the owner's consent to the assignment of lease.
Generally speaking, when a person owes several sums of money to another, he or she has the right to decide which amount to pay first, unless another agreement is stipulated by contract. For example, if I owe a friend money on a loan and also another loan for the purchase of his car with the payments being made in installments, I have the right to decide to pay off a part of my loan with the $ 200 I handover today, with the aim of lowering the higher interest, if both debts are due. I should then clearly indicate this possibility.
The tenant signed an indefinite lease on June 1, 2018 at a monthly rent of $900 for the rental of a single-family home. The landlords acquired the house on August 7, 2020.
On November 20, 2020, the landlady goes to the tenant’s house to deliver him a demolition notice to rebuild a new single-family home on the model form proposed by the Administrative Housing Tribunal used when the landlord wants to subdivide, substantially expand or change the allocation of a dwelling.
Not all breaches of the lease justify the termination of the lease.
What exactly represents serious damage?
- Analysis in the context of a frequent delay in the payment of the rent.
The basic section concerning serious damage for frequent delay is Section 1971 of the Civil Code of Québec.
We have seen an upsurge in working from the ‘home office’ during the pandemic. And so it also happens that tenants, or candidate tenants, request the possibility of operating a childcare environment in their rented dwelling.
In the case of residential premises, we recommend that it be made clear in the lease, that it is understood from the outset that this activity will be practised, i.e. the dual use that will be made of the dwelling. This mixed use must however never allow that non-residential use accounts for more than one-third of the dwelling. We refer you to section “B” of the rental housing lease form for these registrations.