The tenant refers mainly to her great disappointment at the idea of leaving her present dwelling to which she is very attached after many years of occupation of the housing. She is also afraid that she will not be able to relocate at a reasonable price because she claims that the housing that would suit her best is often overpriced for her means. She argues that the landlady could house her mother on the ground floor, in her own home. This housing of 5 and a half rooms would be more than spacious enough to accommodate three people, while the son of the landlady could eventually even settle in the basement. Also, given the advanced age of the landlady’s mother and the many steps to access her upstairs dwelling, the tenant questions the mother’s physical ability to truly settle in the dwelling concerned.
In a decision of January 10, 2022, a landlord asked his tenant to modify the lease, that included heating, to add in the lease that the consumption of an electric vehicle is not included.
The tenant did not contest this request for modification of the lease but he wondered about the relevance of this clause since he did not have an electric vehicle.
During the period of renewal of leases there will inevitably be some moving around of tenants in some buildings and new leases to be signed. However, to what extent can we refuse a candidate for rental housing?
We suggest in any case to carry out a pre-rental evaluation, thus avoiding to rely solely on the appearance of a person, which can be misleading. It is a right that has been granted to rental housing owners, but that must be exercised within the limits provided for by law. For this assessment, the owner must collect only the information necessary for the purpose of his file, from the person concerned. This information, both collected from the tenant applicant and the assessment results, is confidential in accordance with the Act respecting the protection of personal information in the private sector.
The Court is seized for a request filed on August 2, 2021 for a rent reduction of 20% per month and to order the landlady to fulfill her obligation to provide the tenant with the rent payment receipts. The parties are bound by a lease from July 1, 2021 to June 30, 2022 at a rent of $585.00. Also, there is a claim for damages for troubles and inconveniences.
The reasons for the request
1. Negligence in de-ratization. 2. Loss of concierge service. 3. Loss of Use (enjoyment) of the premises caused by the presence of rats and the loss of the concierge service.
Dans le cadre d’une sous-location, les motifs de refus qui sont sérieux et valables sont encore plus restreints que dans le cadre d’une cession de bail.
En effet, dans le cadre d’une sous-location, le locataire principal demeure responsable de vous payer et des agissements des sous-locataires et des dommages au logement.
Ainsi, les motifs sérieux pour refuser un sous-locataire sont très très limités.