Section: Legal

In my rented apartment I sleep, I eat and ... I also operate a daycare!

Article locked Published on by Me Annie Lapointe

In my rented apartment I sleep, I eat and ... I also operate a daycare! -

In my rented apartment I sleep, I eat and ... I also operate a daycare!

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.

The Tribunal administratif du logement terminates the lease of a tenant who does not comply with a ban on smoking in the dwelling

Article locked Published on by Me Robert Soucy

The Tribunal administratif du logement terminates the lease of a tenant who does not comply with a ban on smoking in the dwelling -

The Tribunal administratif du logement terminates the lease of a tenant who does not comply with a ban on smoking in the dwelling

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.

The new 45-day deadline and the closed files

Article locked Published on by Me Jean-Olivier Reed

The new 45-day deadline and the closed files -

The new 45-day deadline and the closed files

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.

Eviction: ignorance of the law can be costly

Article locked Published on by Me Annie Lapointe

Eviction: ignorance of the law can be costly -

Eviction: ignorance of the law can be costly

It can never be said enough, the tenant has a right to remain in the premises. That is to say, it is not so simple to terminate his lease, even at its end, because he is entitled to a renewal. Let it be said, if a tenant refuses to leave at the end of his lease, following an agreement to that effect or even following a decision of the Tribunal terminating his lease, we cannot limit ourselves to taking the tenant's property out of the dwelling simply because the lease is “terminated.” Such a practice is tantamount to taking the law into one's own hands and may constitute an infringement of the tenant's rights and lead to an order to pay damages.

Although you are the owner of the rented dwelling, if you have chosen to rent it as a housing to someone, you should know that henceforth, the Charter of Human Rights and Freedoms protects him or her in the event of intrusion into the dwelling, by the following sections in particular

Clothes do not make the man is an adage that also applies to contracts

Article locked Published on by Me Annie Lapointe

Clothes do not make the man is an adage that also applies to contracts -

Clothes do not make the man is an adage that also applies to contracts

As much as the fact of signing a rental housing lease contract on a “homemade” form of one page does not exclude it from the jurisdiction of the Tribunal administratif du logement -Administrative Housing Tribunal, as much the opposite is true. Although a contract is signed on the mandatory lease form, it is possible in the end that the use one makes of it can be described as “commercial”.