Topic: Legal

A lease with an option to buy: so many problems!

Article locked Published on by Me Jean-Olivier Reed

A lease with an option to buy: so many problems! -

A lease with an option to buy: so many problems!

Often attracted by enticing offers building owners are sometimes persuaded to sign a lease with a purchase option.

Following numerous setbacks of some of our members, we felt it was important to inform you how this type of contract is a source of conflicts, problems and worries of all kinds.

What are the criteria for determining whether excessive noise comes from a housing?

Article locked Published on by Me Robert Soucy

What are the criteria for determining whether excessive noise comes from a housing? -

What are the criteria for determining whether excessive noise comes from a housing?

The Quebec Civil Code establishes rules of good neighbourliness. Section 976 of the Civil Code states that neighbours must accept the normal neighborhood annoyances that are not beyond the limits of the tolerance they owe one another.

In order to successfully evict a tenant the owner must prove that the tenant, or a person to whom he provides access to his housing, has displayed, over a certain period of time, behaviour and attitudes which, by their repetition and insistence, annoy, exceed or seriously disturb other tenants in the same building.

My tenant wants to leave in the middle of the lease, what should I do?

Article locked Published on by Me Annie Lapointe notaire

My tenant wants to leave in the middle of the lease, what should I do? - subletting assignment termination

My tenant wants to leave in the middle of the lease, what should I do?

At a time of the year when it is difficult to lease one’s units, the announcement of a tenant’s departure can be a source of disagreement. It is true to say that the tenant has, in most cases, signed a contract (the lease) and is therefore bound by the terms specified therein. However, the law is clear on the right of the tenant to sublet all or part of the leased property or assign the lease. The tenant must notify the landlord of his intention as well as about the name and address of the person to whom he intends to sublet the unit or assign the lease and he must obtain the consent of the landlord.

A Trust can not repossess a Housing for the Beneficiary of the Trust

Article locked Published on by Me Robert Soucy

A Trust can not repossess a Housing for the Beneficiary of the Trust - Trust notice of repossession

A Trust can not repossess a Housing for the Beneficiary of the Trust

The landlord, a Trust, wants to regain the housing of the landlord to accommodate in there the beneficiary of the Trust, Ms. Claire. The landlord forwards to the tenant, on December 31, 2012, through a bailiff, a notice of repossession of the housing, to accommodate Ms. Claire there, effective on June 3, 2013. The tenant answers that he refuses to vacate the housing. The landlord, i.e. the Trust, brings in a timely appeal to the Régie du logement to be allowed to repossess the dwelling.

Damage caused by torrential rain: the Court dismissed the claim for damages from a co-owner

Article locked Published on by Me Kevin J. Lebeau

Damage caused by torrential rain: the Court dismissed the claim for damages from a co-owner - insurer damage rain syndicate of co-ownership

Damage caused by torrential rain: the Court dismissed the claim for damages from a co-owner

In a recent decision¹ the Court rejected the claim for damages from a co-owner against a Syndicate of co-ownership and its insurer for damage to her unit suffered during heavy rains. The Court concluded that the plaintiff co-owner had not proved that the Syndicate had committed a fault implying its liability.