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.
In a recent case heard by the Tribunal Administratif du logement (1) the TAL had to rule on the existence of a lease for the dwelling and on the issue of damages claimed by the tenant and the reimbursement of one month's rent deposit, which had been paid in the amount of $580, at the time the lease was signed.
In this case, the tenant argued that a lease existed, even though the landlord had not given him a copy.
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.