In a recent case, the owners agreed to accept some tenants’ application on the basis of the information they had given to them. It was not until some time later, following the verification of the references and the signing of the lease, that they realized that the tenants had given false references to them. The owners, in this recent decision, asked among other things, the cancellation of the lease because of lack of consent and termination of the lease.
Nowadays, some owners do not lack imagination in order to find an additional source of income. Many of you rent rooms in your own home, unfortunately, often without making any modification or verification.
This situation which may seem very simple can quickly turn into a nightmare and many owners have already suffered setbacks from this situation.
“My tenant has no lease, we are therefore not subject to the rules of the Régie du logement.” This phrase is heard regularly and yet it is false.
It sometimes happens that particular circumstances bring co-owners having to sign a lease with a minor.
First, a tenant has the right to remain in the premises, in accordance with Section 1936 of the C.c.Q. This duty to respect the terms of the residential lease remains, even when the building in which he lives is sold to a new owner, principle coupled with Section 1886 of the C.c.Q. which states that the lease remains in force in spite of such a change.
Moreover, generally, the lease contains a section where one finds mainly information on the obligations and rights of the tenant and the landlord. It turns out to be very useful since it gives information relating to rules of law that are often mandatory and therefore it allows both parties to be adequately informed.