Tout comme certaines clauses dans le bail, la clause de stationnement gagnerait souvent à être plus détaillée qu'un simple ''x'' dans une case à cocher.
Dans une situation récente, le propriétaire demandait la résiliation du bail parce que, selon lui, le locataire exploitait une entreprise de soudure et de mécanique dans la cour où se trouve l'immeuble. Selon la décision, le locataire a un espace de stationnement dans le garage double, en plus d'un espace de stationnement extérieur qui fait partie de son bail.
In a recent judgement of the Court of Québec, Small Claims division 1, the Court held that a co-owner of a building had not proved that the plant-sprinkling water from his neighbour, three floors up, was responsible for the deterioration of the painted surfaces of his balcony. The syndicate of co-ownership, called in as warranty by the prosecuted co-owner is not responsible either, according to the Court.
The claims of the parties in the Court
The plaintiff and the defendant own condominiums located respectively on the 24th and 27th floors of the building. The plaintiff accuses the defendant of having badly maintained the balcony of his condominium, thereby causing the flow of wastewater. The applicant therefore claims from him $4,300 in compensation for water damage to his balcony.
Whether it be repairing a brick wall, the balconies, the parking lot, the roofing, from landscaping to the foundation, an owner of income property should know about the consequences of this work and his obligations to his tenants.
1 – THE NOTICE: The obligatory notice mechanism is required under section 1922 for work carried out inside the housing only. Thus, external work does not require formal notice being given to tenants. This rule was confirmed in 2012 in Reid v. 1745 Cedar Ave Inc. 31-120621-042.
However, a courtesy notice given in advance to your tenants will allow them to take steps to minimize the impact of these works on their lives. For instance, a holiday taken at the same time, working with the family rather than at home, etc… There is no delay time to do it since this notice is not binding. This approach is a way to help maintaining a good relationship between you and your tenants and possibly reduce the damages claimed.
The evidence submitted at the hearing held at the Rental Board shows that the landlord tried to visit the apartment with prospective tenants. But the tenant refused access several times, although the latter had authorized the landlord to make two visits.
The tenant demands to be present during visits to his housing by potential tenants since he does not trust the landlord. He claims that the landlord would already have entered his housing without his permission. This last statement is belied by the landlord.
The tenant acknowledges that he changed the lock on the door of his dwelling without the consent of the landlord. It concerns a digital code lock.
The following question is always asked regularly to us by members of the Boards of Directors of co-ownerships and by co-owners: “There is no one who would want to sit on the Board, can’t we then not just entrust everything to a manager and let him deal with all of it?”
Our answer is no.