In a decision of January 10, 2022, a landlord asked his tenant to modify the lease, that included heating, to add in the lease that the consumption of an electric vehicle is not included.
The tenant did not contest this request for modification of the lease but he wondered about the relevance of this clause since he did not have an electric vehicle.
During the period of renewal of leases there will inevitably be some moving around of tenants in some buildings and new leases to be signed. However, to what extent can we refuse a candidate for rental housing?
We suggest in any case to carry out a pre-rental evaluation, thus avoiding to rely solely on the appearance of a person, which can be misleading. It is a right that has been granted to rental housing owners, but that must be exercised within the limits provided for by law. For this assessment, the owner must collect only the information necessary for the purpose of his file, from the person concerned. This information, both collected from the tenant applicant and the assessment results, is confidential in accordance with the Act respecting the protection of personal information in the private sector.
The Court is seized for a request filed on August 2, 2021 for a rent reduction of 20% per month and to order the landlady to fulfill her obligation to provide the tenant with the rent payment receipts. The parties are bound by a lease from July 1, 2021 to June 30, 2022 at a rent of $585.00. Also, there is a claim for damages for troubles and inconveniences.
The reasons for the request
1. Negligence in de-ratization. 2. Loss of concierge service. 3. Loss of Use (enjoyment) of the premises caused by the presence of rats and the loss of the concierge service.
En raison de l’évolution de la situation relative à la pandémie de COVID-19, le Tribunal administratif du logement suspend la prestation de services de renseignements en personne dans ses bureaux.
“A servitude is a charge imposed on a building, the servient land, in favour of another building, the dominant land, and which belongs to a different owner.
This charge obliges the owner of the servient land to bear, on the part of the owner of the dominant land, certain acts of use or to refrain from exercising certain rights inherent in the property. ... (1).”
This can be a servitude of view, passage, or non-construction, for instance.