The parties are bound by a lease from 1 September 2015 to 31 August 2016, at a monthly rent of $259. This is a subsidized housing and adapted for the disabled.
The tenant suffers from cerebral palsy since her birth and moves around using two wheelchairs, a manual one for inside and another, motorized one, for outside.
Shortly after taking possession, the housing of the tenant is infested with bed bugs. It is accepted that on 25 June 2015 the problem was eliminated.
A recent judgment displays a situation where an owner had to request an access order to make visits for the re-renting of a housing.
A few months later, i.e. after the end of the lease, and without having had a hearing yet, the owner asked damages with interest, additionally.
The right to receive compensation from the owner who repossesses the housing of a tenant is provided in Section 1967 of the Civil Code of Québec which reads as follows: "1967. Where the court authorizes repossession or eviction, it may impose such conditions as it considers just and reasonable, including, in the case of repossession, payment to the lessee of an indemnity equivalent to his moving expenses."
In a recent decision of the Québec Court, Small Claims Division¹, the Court confirmed that works for replacing a balcony, stairway steps, woodwork and painting in a condominium were not likely to require a vote of the assembly of co-owners under Section 1097 of the Civil Code of Québec. The defendant co-owner could not therefore refuse to pay his share of the work on the grounds that he had not voted for them.
Often being attracted by enticing offers, building owners sometimes let themselves be persuaded to sign a lease with a purchase option.
Following many disappointments of some of our members, we felt it important to inform you how this type of contract can be a source of conflict, problems and worries of all kinds.