At a time when the real-estate promotors’ offers are enticing and aggressive and interest rates still affordable, the temptation is strong for tenants to become owners. With a monthly mortgage payment that approximates their monthly rent tenants could decide to buy a condo, and this often without evaluating the consequences of this on a major contract already signed, which is the LEASE! The decision taken under the influence of emotion will certainly have financial consequences for the owner and the tenants.
In a recent judgement of the Court of Quebec, Small Claims Division¹, a co-owner who sued his syndicate of co-owners for damages, i.e. for repayment of sums paid to the syndicate as a penalty for late payment of his condo fees, and for fees charged to the co-owner when his new tenant was moving in. He sues at the same time two administrators of the syndicate for the sum of $3,888.90 for non-specified damages. Nevertheless, he saw his request rejected by the Court because, at the basis, his request seeks the annulment of the regulations of the co-ownership, which is not within the jurisdiction of the Small Claims Division of the Court of Quebec.
Summary of a decision of the Court of Quebec, Small Claims Division, issued on March 25, 2010.
In 2006, a homeowner discovers an infiltration of water into a room. In 2007, the ceiling of this room has become wavy. By inspecting the roof after this discovery, he finds that his neighbour has an antenna on his roof but it is connected to wires installed on his own roof and this, unwittingly.
A tenant who detects traces of mould in his housing sometimes takes the fast track with his legs.
However, often there is more fear than harm. You should know that not all moulds are harmful to our health, and would, by extension, exceptionally give the right to a tenant to leave his housing:
Section 1915 of the C.c.Q. stipulates what follows:
"A lessee may abandon his dwelling if it becomes unfit for habitation, but he is bound to inform the lessor of the condition of the dwelling before abandoning it or within the following 10 days.
Tenants are protected against housing repossessions obtained in bad faith. The tenant, under Section 1968 of the Civil Code of Quebec, may recover damages + interest resulting from a repossession of a housing in bad faith, whether he has consented or not to the recovery of his housing. He may also ask punitive damages + interest from the offending owner, in addition to moral and material damages.