Journal Le Propriétaire

Section: Legal

Verification of leases before buying a building

Published on March 05, 2014 by Me Robert Soucy

The sale of a property does not extinguish the rights of the tenants. The new owner has, vis-à-vis the tenant, the rights and obligations resulting from the lease. Before purchasing the property the buyer should check the tenants’ leases to determine the extent of her/his obligations. Otherwise surprises can happen!

Responsibility for the heating

Published on February 28, 2014 by Me Annie Lapointe notaire

Maintaining proper temperature in a dwelling is essential and can jeopardize the habitable condition of a home if it is not well managed. Several municipal bylaws deal with minimum housing heat. Responsibility for maintaining this temperature falls to the person who is, under the lease, responsible for heating the dwelling.

Delivering a notice of amendment to the lease by a bailiff: risks and precautions to take

Published on February 21, 2014 by Me Jean-Olivier Reed

Generally, it is believed that the use of the bailiff is the safest way to deliver a document to one’s tenant.
However, when specifically talking about the notice of amendment to Section 1942 of the Civil Code of Quebec, law and jurisprudence require the owner to ensure that the notice of modification of the lease is received by the tenant.

REVOCATION OF A DECISION MUST REMAIN THE EXCEPTION AND NOT BECOME THE RULE

Published on February 14, 2014 by Me Robert Soucy

The tenant claims the revocation of the decision rendered on 31 October 2013 which terminates the lease and sentenced him to pay the sum of $9,625.00 for unpaid rent.
The tenant alleged in his claim that he is able to produce new evidence to justify a partial or total reduction of rent. The document in question is a report on the presence of mold in the house. The report is dated October 31, and the analysis has been done on 28 October 2013.

A door was smashed by firefighters: The syndicate is seeking damages from the co-owner

Published on January 31, 2014 by Me Kevin J. Lebeau

In a recent judgment, the Court of Quebec, a Small Claims division¹, focused on a claim for damages from a syndicate of co-owners against a co-owner for damage caused by an intervention of the fire brigade due to a fire in a neighboring unit on the same floor. For his part, the co-owner calls to justice, in the same case, the syndicate for the stress and inconvenience he claims to have suffered as a result of the law suit by the syndicate.

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