ometimes it is necessary to verify the lease in order to remember what the obligations are of each and everyone in this regard. Indeed, section E – “Services and Conditions” specifically determines who is responsible for snow removal and de-icing. Just mark the appropriate box for parking, balcony, entrance, sidewalk, driveway, and stairs. If you want the tenant to be responsible for all of this, it is very important to mark it for him.
This particular obligation can be a source of trouble, since not everyone does have the same schedule and, above all, not everyone adapts in the same way to the cold season.
In general, it is considered that the use of the bailiff is the safest way to deliver a document to one’s tenant. This is true for many documents but you have to be very careful about this statement in the case of a simple notice.
Indeed, when we speak more specifically about the notice of modification, as in section 1942 of the Civil Code of Québec, the law and jurisprudence require the landlord-owner to ensure that the notice of modification of the lease is received by the tenant.
Sometimes one begins a lease, and one has to put an end to it for different reasons in life. The tenant then has different options available to him in order to comply with his contract, namely the assignment of his lease or sublease of his dwelling, and in most cases he cannot put an end to his contract without the landlord’s authorization.
There are various exceptions allowing the tenant to terminate his contract prematurely, and leaving for a seniors’ home is part of it. However, it is not a question of just any residence in any kind of situation. It must be a residential and long-term care centre, an intermediate resource service, or a private residence for seniors where nursing or personal assistance are provided in view of his health situation, or any other place of accommodation where such care or services are offered to him.
“The lessee may recover damages resulting from repossession or eviction in bad faith, whether or not he has consented to it. He may also apply for punitive damages against the person who has repossessed the dwelling or evicted him in bad faith.”
The total amount claimed is $19,516.50. The evidence shows that the parties were bound by a lease from July 1, 2004 to June 30, 2005 at a monthly rent of $363.00. The dwelling is a three and a half room apartment located in a 16-unit building. On December 21, 2004, the tenant received an eviction notice from the landlord for June 30, 2005, because his dwelling had to be enlarged together with the neighbouring dwelling. On January 10, 2005, the tenant replied to the landlord’s eviction notice and refused to leave his dwelling but neglected to oppose the enlargement of his dwelling, as provided by the Civil Code of Québec:
It is obvious that the occurrence of damage affecting our dwelling is an inconvenience and an important source of unpleasantness for its owner. Luckily, the majority of owners of rental dwellings do not have to deal with such situations regularly.
In divided co-ownership, the syndicate of co-owners, members of the board of directors and sometimes its property manager are called upon to react to accidents in order to ensure the restoration of the parts of the building affected by the damage done, in the privative as well as the common portions.