Depuis le début du confinement obligé de mars 2020 et ce, pendant plusieurs mois, les locataires du Québec sont restés continuellement dans leur logement et ce, bien souvent 24 heures sur 24. Parents et enfants ensemble en permanence pendant que d'autres travaillent à domicile ou ont des horaires atypiques, voici la recette parfaite pour que des conflits explosent et se cristallisent.
Lorsqu'un propriétaire d'immeuble multi-logement reçoit une plainte de bruit, celui-ci se doit d'intervenir par écrit, car à moins d'être propriétaire occupant, il ne peut prendre partie pour l'un ou l'autre des belligérants n'étant pas là pour constater. Bien souvent, la situation n'est pas facile à analyser. Qui dit vrai? Qui croire? Le propriétaire doit prendre les informations froidement et de façon détachée et mettre en demeure les fautifs et ce, dans le but d'informer le locataire de la réception d'une plainte et de démontrer qu'il a agit face à cette plainte.
In the current turmoil of the real-estate market, offers to purchase properties are sometimes plentiful. However, it's important to know that an offer to purchase is not to be taken lightly. Indeed, let us mention that according to the law, a contract is formed by the only exchange of consents between persons capable of contracting. This exchange of consents occurs through the manifestation of a person's willingness to accept the offer made to him by another person. So, it could even be done verbally.
Usually, when we proceed formally, everything is done by exchanges of offer, acceptance, counter-offer, or refusal by means of writing, with the aim of preserving evidence and above all, by putting clear conditions in there.
The tenant asks to be relieved of her failure to have filed a withdrawal request within the time limit and the withdrawal of the decision issued on October 28, 2020, which granted the landlord's request for termination of the lease and recovery of the rent.
In her request for withdrawal the tenant explains her summary means of defence that she intends to assert: the rent, interest, legal costs as well as the rent for November 2020 were paid on November 2, 2020. Moreover, the tenant has paid $720.00 as a deposit (security deposit) at the signing of the lease. Also, the landlord receives higher amounts of rent compared to the actual price of the rent. The tenant gave the cheque for December 2020 to the landlord's daughter but the latter returned the cheque to the tenant's adolescent daughter and the landlord therefore refuses to collect the rent. In addition, according to the withdrawal request, a verbal agreement had been reached between the parties allowing her to pay the rent on the 20th of each month.
In the context of a housing lease the modification of the lease is possible and regulated by several rules provided for in the Civil Code of Quebec. One of them, provided for in section 1943 of the Civil Code of Quebec concerns the mandatory content of the notice.
« 1943. In every notice of modification increasing the rent, an indication shall be made of the proposed new rent in dollars or of the increase expressed in dollars or as a percentage of the current rent. The increase may be expressed as a percentage of the rent that will be determined by the court, where an application to have the rent fixed or reviewed has already been filed.
The notice shall, in addition, indicate the proposed term of the lease, if the lessor proposes to modify the term, and the time granted to the lessee to refuse the proposed modification. »
The tenants complain about another neighbouring tenant making disturbing, repetitive, daily noise, which interferes with their peaceful enjoyment of the rented premises. The disturbing couple moved into their housing above the plaintiffs' in May 2014 with their 2½ year old child. The tenants below report the various noises that disturb the peaceful enjoyment of their housing, which are linked to the couple's young child, which cries, weeps at night, runs from one end of the housing to the other, jumps up and down repeatedly, throws objects around or causes them to drag on the floor to the point of making the chandeliers below tremble. The child has advanced in age since arriving in the housing in 2014, and so it is becoming more active and noisier than before.