Unpaid rents -
Unpaid rents

Unpaid rents

Jonathan Tremblay’s article in the Journal de Montréal clearly demonstrates the dangers that our current rental system represents for rental property owners.

In its investigation, the Journal de Montréal was able to highlight this particular tenant who accumulated months of unpaid rent, from one landlord to another.

The article discusses what rental housing owners can go through in Québec. The winning combination for fraudsters lies in a mixture of delays, restrictions on applying for a security deposit, the impossibility of seizing most government benefits such as social assistance and the complexity of recovering the sums of money that are due to the owners because of significant costs for the bailiff and the Court stamp.

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By Martin A. Messier.

Legal

  • The repossession of a housing: an exception where each criterion is essential! -

    The repossession of a housing: an exception where each criterion is essential!

    Whether it is a project of a couple, with friends or family, it happens for all kinds of reasons that one decides to buy a home with others. However, this way of owning a dwelling may not be adapted according to the project concerned.

    It happens indeed that a coveted building also has an interest, in addition to the investment, to make it one’s home. Every year unfortunately, some people are unable to repossess the desired dwelling, without fully understanding the reason.

Legal

  • Interpretation of section 1959.1 on the renter’s income   -

    Interpretation of section 1959.1 on the renter’s income

    Contradictory jurisprudential trend to be followed at the Administrative Housing Tribunal.

    Since the coming into force of section 1959.1 of the Civil Code of Québec in 2017, which restricts by 3 cumulative conditions, the repossession of a housing, some decisions have been rendered by the Administrative Housing Tribunal, particularly as to the maximum income to be considered.

    First, the 3 conditions of this section are cumulative, so if one of them is not respected by the tenant, the exception no longer applies which allows the owner to repossess the housing.

Legal

  • The story of a hedge: headaches for the neighbours -

    The story of a hedge: headaches for the neighbours

    When autumn arrives, preparation for winter is going on, on most properties: pool closure, leaf raking, installation of shrub protections, gutter cleaning, etc. Some take advantage of this time for the cutting of their hedge. Such maintenance can raise questions however, especially when hedge or fence structures are near the line separating two neighbouring lots. This is all the more complicated when it comes to long-standing plantations made by previous owners. Who should maintain this hedge?

Word of the editor

  • Renting without a lease -

    Renting without a lease

    Many landlords feel that they have an advantage in handing over the keys to the dwelling and verbally agreeing on the amount of the rent without giving a written lease to the tenant.

    Regularly the owners tell me that they proceeded in this way because they did not trust the tenant. By doing so, the owner mistakenly believes that he is protected. Many landlords believe that by not giving a lease they can simply decide to end the tenancy by telling tenants that they must leave the dwelling.

Legal

  • The Supreme Court has established that the home must be for every Canadian his ultimate refuge -

    The Supreme Court has established that the home must be for every Canadian his ultimate refuge

    The landlord is seeking the termination of the lease and the eviction of the tenant on the grounds that the tenant disturbs the peaceful enjoyment of the premises. The tenant strongly contests the request however, on the grounds that it is rather she who is the victim of noise and harassment so that she would leave her dwelling. The parties are bound by a lease renewed until June 30, 2022.

More news

Real-estate

Building permits, November 2017 -

Building permits, November 2017

Source: statistique Canada

The value of building permits issued by Canadian municipalities declined 7.7% to $7.7 billion in November, the first decrease in three months. Nationally, the value of permits for all building components declined, with the exception of single-family dwellings.

Canadian housing starts trend stable in December -

Canadian housing starts trend stable in December

Source: SCHL

The trend in housing starts was 226,777 units in December 2017, compared to 226,178 units in November 2017, according to Canada Mortgage and Housing Corporation (CMHC). This trend measure is a six-month moving average of the monthly seasonally adjusted annual rates (SAAR) of housing starts.

“Despite the variation in activity across the country, the national trend in housing starts held steady at its highest level since 2008,” said Bob Dugan, CMHC’s chief economist. “Apartment starts in urban centres were up 6.2% in 2017 compared to 2016.”

Legal

The repossession of a housing: an exception where each criterion is essential! -

The repossession of a housing: an exception where each criterion is essential!Article locked

Whether it is a project of a couple, with friends or family, it happens for all kinds of reasons that one decides to buy a home with others. However, this way of owning a dwelling may not be adapted according to the project concerned.

It happens indeed that a coveted building also has an interest, in addition to the investment, to make it one’s home. Every year unfortunately, some people are unable to repossess the desired dwelling, without fully understanding the reason.

Interpretation of section 1959.1 on the renter’s income   -

Interpretation of section 1959.1 on the renter’s income Article locked

Contradictory jurisprudential trend to be followed at the Administrative Housing Tribunal.

Since the coming into force of section 1959.1 of the Civil Code of Québec in 2017, which restricts by 3 cumulative conditions, the repossession of a housing, some decisions have been rendered by the Administrative Housing Tribunal, particularly as to the maximum income to be considered.

First, the 3 conditions of this section are cumulative, so if one of them is not respected by the tenant, the exception no longer applies which allows the owner to repossess the housing.

Regulation

The repossession of a housing: you are entitled to it! -

The repossession of a housing: you are entitled to it!

Housing repossession is a fundamental right that rental property owners can exercise. But often this housing repossession is accompanied by binding and even unfair rules according to many rental property owners. Owners are entitled to the repossession of their house!

The repossession of a housing is one of the most restrictive processes for a homeowner; not everyone easily repossesses a house that he wants to take back!

Subletting in an HLM (Low Rent Housing)? -

Subletting in an HLM (Low Rent Housing)?

In Paris, France, a tenant was punctually subletting part of her housing with Airbnb while the regulations forbade it.

Madame challenged her eviction explaining that if she subleased her housing on Airbnb, it was because of financial difficulties related to the amount of her income (« 2250 euros per month »), while the Régie Immobilière (Real-Estate Board) of the City of Paris replied that she has « a salary of 2289 euros, alimony, and a family-support allowance, in respect of a rental rate representing less than a third of her income, i.e. a disposable income of 1,000 euros ».

But if a tenant who benefits from social housing wants to sublet this dwelling, does he have the right to do so?