In general, the conditions of admissibility of a legal action are interest, capacity and quality. The applicant must have a sufficient interest to be able to submit a request to the Régie du logement.
When a request is signed by a person other than the applicant, even if the latter is correctly identified as the applicant on the procedure, such a request is contaminated by a flawed procedure. Sometimes the request of a landlord is submitted by an agent who is the manager of the dwelling belonging to the landlord. Moreover, the request may be signed by the daughter or the son of the landlord. This flaw in the procedure may lead to the rejection of the request. Otherwise, how can we remedy this defect?
We did not send any notices of rent increases, neither did the tenant send anything to us, what is going on?
In the absence of any notice from the tenant or by the landlord, after some delay, the lease is deemed to have been renewed. Thus, for a lease of twelve months or more, the time limit is three to six months before the end of the lease. For a lease of less than twelve months, the period of delay is one to two months before the end of the lease.
For those who do not know already the delay to file a claim for damages to the Rental Board against a tenant is 3 years. (Based on section 2925 of the Civil Code of Québec)
However, if the claim is filed at the limit of the expiry of this period of 3 years, the applicant has 60 days to send a notice of (forward with proof of receipt) request to his tenant. Reference is made here to section 2892 of the Civil Code of Québec.
The Syndicate claims $7901.41 from one of the co-owners of the building. The syndicate asks that the co-owner should be ordered to repay that amount to it, amount which represents the fees and extrajudicial costs of its lawyers. The syndicate has incurred these expenditures in its efforts to recover the regular condo expenses and a special contribution unpaid by the co-owner. The syndicate has issued a legal mortgage against the fraction of the co-owner and has served a notice of exercise of its right.
For his part, the co-owner defended himself, and said that he owed nothing to the syndicate because of Section 2762, paragraph 2, of the Civil Code of Québec.
“Although, when leaving the premises, the tenant has the obligation to empty the housing of all its effects, sometimes this is not the case.” This quote from the Régie du logement director, Me Francine Jodoin, describes such a, quite so common, situation experienced by many owners on July the 1st, causing them many headaches. Here are thus some tips to prevent this yet simple situation from becoming a nightmare.
First, it should not be assumed a priori that the belongings left behind are waste. It would be wrong to think that. The decision to throw them out at this time could be costly for the owner.