As an owner of a building in rental housing, several documents must be delivered to your tenants: notice of rent increase, notification, request at the Régie du logement or giving notice of works and the submission of these documents by hand seems to be the most economical.
In Quebec, unlike the rest of Canada, the payment of any amount of money other than the rent remains illegal. Whether it concerns a deposit for special keys, furniture included in the lease, or to accept a pet, it is illegal, and this even if the offer comes from the tenant himself.
The tenant requests the disqualification of the administrative judge in the following nine files. The tenant has produced 5 requests in different files: 1) a reduction in rent, condemnation for damages with interest, request to be allowed to deposit his rent; 2) a request to be allowed to deposit his rent; 3) cessation of harassment and sentence for damages with interest; 4) cessation of harassment and sentence for damages with interest and punitive damages; 5) condemnation for damages and order to maintain the dwelling in good habitable condition. For his part, the landlord has produced 4 requests: 1) condemnation for damages with interest and work execution order; 2) termination of the lease and recovery of rent due; 3) termination of the lease and condemnation for damages; 4) termination of the lease. Recovery of rent and termination of the lease for frequent delays.
Since 1 January 2015, the Civil Procedure Code has been amended to increase from $7,000.00 to $15,000.00 the amount of eligible receivables to the Small Claims section.
You should also know that when a request is made under the Small Claims Division, the parties have no right to counsel under Section 959 of the Civil Procedure Code.
We cannot stress enough the importance of checking the leases during the purchase of a new building.
“1937. The voluntary or forced alienation of an immovable comprising a dwelling or the extinction of the title of the lessor does not permit the new lessor to resiliate the lease, which is continued and may be renewed in the same manner as any other lease.
The new lessor has, towards the lessee, the rights and obligations resulting from the lease.”