TERMINATION OF LEASE HOW TO AVOID GETTING TRAPPED -
TERMINATION OF LEASE HOW TO AVOID GETTING TRAPPED

TERMINATION OF LEASE HOW TO AVOID GETTING TRAPPED

Article 1870 of the Civil Code of Quebec allows the tenant, at any time during the lease, to termination the lease. The assignment of a lease allows the tenant to free himself from all the obligations of the lease by "transferring" his lease to another tenant. To do so, he must send a written notice to the owner of his intention with the name and address of the candidate AND obtain the owner's consent to the assignment of lease.

Read more

By Me Jean-Olivier Reed.

Legal

  • Partial payment of debts -

    Partial payment of debts

    Generally speaking, when a person owes several sums of money to another, he or she has the right to decide which amount to pay first, unless another agreement is stipulated by contract. For example, if I owe a friend money on a loan and also another loan for the purchase of his car with the payments being made in installments, I have the right to decide to pay off a part of my loan with the $ 200 I handover today, with the aim of lowering the higher interest, if both debts are due. I should then clearly indicate this possibility.

Word of the editor

  • Deposit claimed, lease signed, landlord liable for damages -

    Deposit claimed, lease signed, landlord liable for damages

    In a recent case heard by the Tribunal Administratif du logement (1) the TAL had to rule on the existence of a lease for the dwelling and on the issue of damages claimed by the tenant and the reimbursement of one month's rent deposit, which had been paid in the amount of $580, at the time the lease was signed.

    In this case, the tenant argued that a lease existed, even though the landlord had not given him a copy.

Legal

  • THE RULES RELATING TO A REQUEST TO DEMOLISH A BUILDING -

    THE RULES RELATING TO A REQUEST TO DEMOLISH A BUILDING

    The tenant signed an indefinite lease on June 1, 2018 at a monthly rent of $900 for the rental of a single-family home. The landlords acquired the house on August 7, 2020.

    On November 20, 2020, the landlady goes to the tenant’s house to deliver him a demolition notice to rebuild a new single-family home on the model form proposed by the Administrative Housing Tribunal used when the landlord wants to subdivide, substantially expand or change the allocation of a dwelling.

Legal

  • What exactly represents serious damage -

    What exactly represents serious damage

    Not all breaches of the lease justify the termination of the lease.
    What exactly represents serious damage?

    - Analysis in the context of a frequent delay in the payment of the rent.

    The basic section concerning serious damage for frequent delay is Section 1971 of the Civil Code of Québec.

Legal

  • 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.

More news

Real-estate

Building permits, November 2017 -

Building permits, November 2017

Source: statistique Canada

The value of building permits issued by Canadian municipalities declined 7.7% to $7.7 billion in November, the first decrease in three months. Nationally, the value of permits for all building components declined, with the exception of single-family dwellings.

Canadian housing starts trend stable in December -

Canadian housing starts trend stable in December

Source: SCHL

The trend in housing starts was 226,777 units in December 2017, compared to 226,178 units in November 2017, according to Canada Mortgage and Housing Corporation (CMHC). This trend measure is a six-month moving average of the monthly seasonally adjusted annual rates (SAAR) of housing starts.

“Despite the variation in activity across the country, the national trend in housing starts held steady at its highest level since 2008,” said Bob Dugan, CMHC’s chief economist. “Apartment starts in urban centres were up 6.2% in 2017 compared to 2016.”

Legal

TERMINATION OF LEASE HOW TO AVOID GETTING TRAPPED -

TERMINATION OF LEASE HOW TO AVOID GETTING TRAPPEDArticle locked

Article 1870 of the Civil Code of Quebec allows the tenant, at any time during the lease, to termination the lease. The assignment of a lease allows the tenant to free himself from all the obligations of the lease by "transferring" his lease to another tenant. To do so, he must send a written notice to the owner of his intention with the name and address of the candidate AND obtain the owner's consent to the assignment of lease.

Partial payment of debts -

Partial payment of debtsArticle locked

Generally speaking, when a person owes several sums of money to another, he or she has the right to decide which amount to pay first, unless another agreement is stipulated by contract. For example, if I owe a friend money on a loan and also another loan for the purchase of his car with the payments being made in installments, I have the right to decide to pay off a part of my loan with the $ 200 I handover today, with the aim of lowering the higher interest, if both debts are due. I should then clearly indicate this possibility.

Regulation

Subletting in an HLM (Low Rent Housing)? -

Subletting in an HLM (Low Rent Housing)?

In Paris, France, a tenant was punctually subletting part of her housing with Airbnb while the regulations forbade it.

Madame challenged her eviction explaining that if she subleased her housing on Airbnb, it was because of financial difficulties related to the amount of her income (« 2250 euros per month »), while the Régie Immobilière (Real-Estate Board) of the City of Paris replied that she has « a salary of 2289 euros, alimony, and a family-support allowance, in respect of a rental rate representing less than a third of her income, i.e. a disposable income of 1,000 euros ».

But if a tenant who benefits from social housing wants to sublet this dwelling, does he have the right to do so?

Remember to file your RL-31 slips by February 28 -

Remember to file your RL-31 slips by February 28

Source: Revenu Québec

If you own a residential complex, you have until February 28 to give your tenants and subtenants their RL-31 slips and file the slips with us. To prepare the slips quickly and easily, use the Prepare and View the RL-31 Slip online service