In a recent judgment, the owner of a rental dwelling requests the cancellation of a lease and the eviction of the tenant.
Thus, the holder of an accepted offer to purchase, or the prospective buyer, entered into a lease with a tenant before becoming titleholder.
The seller, who then refuses to comply with the agreement to sell, subsequently contests the validity of this lease which was not signed by him.
A tenant submits a request for permission to appeal a decision of the Régie du logement, at the Court of Québec.
As a means of inadmissibility, the landlady claims that the tenant’s request is delayed under Sections 92 and 93 of the Act respecting the Régie du logement.
Section 92 provides that the request for permission to appeal must be accompanied by a notice of presentation, must be delivered to the opposing party and filed at the Office of the Court of Québec within 30 days of the date of the decision. Section 93 specifies that the 30-day time limit is mandatory and carries forfeiture.
Section 1870 of the Civil Code of Québec allows the tenant, and this at any time during the lease, to assign his lease. The assignment of the lease allows the tenant to become free of all lease obligations by "transferring" his lease to another tenant. To do this he must send a written notice to the owner of his intention, with the name and address of the candidate, AND to obtain the owner’s consent to the transfer.
We spend a part of our lives to build a patrimony, so why not make sure to pass it on well and keep it in good condition?
A first investment, married life, a home, a joint investment, a baby, a wedding, a separation or a divorce, all these events change your situation and bring their own set of protections to contemplate. Everything happens very quickly with all the accidents of life that one has to face and sometimes we fail to take the necessary precautions and use the tools that are available to us to be well protected and informed, whether by lack of time or money. Yet our choices and our actions have legal implications that we tend to forget and we never remember it enough.
In case of refusal of the lease modifications you propose to a tenant, it is up to the landlord to, within one month of the refusal, request the Court of the Régie du logement to decide on the requested modification.
When it concerns the amount of the rent, the setting of the rent is based on a calculation under the Regulation Respecting the Criteria for the Fixing of the Rent. Regarding the modifications, however, no criteria exist for establishing what is allowed. Therefore, each case is a case to be assessed according to the circumstances by the judge. A recent judgment has come to remind us of this principle (1). In this situation, the landlord demanded modification of a land lease for hosting a mobile home, in order to remove from the rental, a part of additional land that had been leased to store a trailer.