Le Propriétaire http://leproprietaire.apq.org Le Propriétaire - Le journal par excellence en immobilier en Copyright 2021, Le Propriétaire Sun, 01 Aug 2021 10:54:13 -0500 60 Newscoop https://leproprietaire.apq.org/themes/publication_3/theme_1/_img/logo.png Le Propriétaire http://leproprietaire.apq.org The Tribunal administratif du logement terminates the lease of a tenant who does not comply with a ban on smoking in the dwelling http://leproprietaire.apq.org/en/June2021/legal/10756 <img src="https://leproprietaire.apq.org/images/thumbnails/cms-thumb-000002258.jpg" border="0" align="left" hspace="5" /> The landlady asks for the termination of the lease, the eviction of the tenant and provisional execution despite the appeal. The lease between the parties is from October 1, 2020 to September 30, 2021 at a monthly rent of $1571. An annotation to the lease states: “The building is a 100% smoke-free environment from cigarettes and cannabis (apartment, balcony, terrace).” The initial lease signed in 2018 with the previous tenant also had a smoking ban in the dwelling, on the balcony and the indoor and outdoor common areas. <br clear="all"> <img src="https://stats.gestionefficace.net:9914/piwik.php?idsite=17&rec=1&action_name=RSS-The Tribunal administratif du logement terminates the lease of a tenant who does not comply with a ban on smoking in the dwelling&_rcn=RSS" style="border:0" alt="" /> Legal Me Robert Soucy Fri, 16 Jul 2021 05:00:02 -0500 http://leproprietaire.apq.org/en/June2021/legal/10756 The new 45-day deadline and the closed files http://leproprietaire.apq.org/en/June2021/legal/10754 <img src="https://leproprietaire.apq.org/images/thumbnails/cms-thumb-000002870.jpg" border="0" align="left" hspace="5" /> Is it possible to ask the Tribunal du logement to be relieved of a defect? Since September 1, 2020, the government has not only changed the name of the Régie du logement to “Tribunal administratif du logement,” but it has added several more restrictive and mandatory rules, taking by surprise several owners of income buildings in recent months. Several of them had their files closed for failing to comply with these same rules. <br clear="all"> <img src="https://stats.gestionefficace.net:9914/piwik.php?idsite=17&rec=1&action_name=RSS-The new 45-day deadline and the closed files&_rcn=RSS" style="border:0" alt="" /> Legal Me Jean-Olivier Reed Fri, 09 Jul 2021 05:00:01 -0500 http://leproprietaire.apq.org/en/June2021/legal/10754 Eviction: ignorance of the law can be costly http://leproprietaire.apq.org/en/June2021/legal/10752 <img src="https://leproprietaire.apq.org/images/thumbnails/cms-thumb-000002867.jpg" border="0" align="left" hspace="5" /> It can never be said enough, the tenant has a right to remain in the premises. That is to say, it is not so simple to terminate his lease, even at its end, because he is entitled to a renewal. Let it be said, if a tenant refuses to leave at the end of his lease, following an agreement to that effect or even following a decision of the Tribunal terminating his lease, we cannot limit ourselves to taking the tenant's property out of the dwelling simply because the lease is “terminated.” Such a practice is tantamount to taking the law into one's own hands and may constitute an infringement of the tenant's rights and lead to an order to pay damages. Although you are the owner of the rented dwelling, if you have chosen to rent it as a housing to someone, you should know that henceforth, the Charter of Human Rights and Freedoms protects him or her in the event of intrusion into the dwelling, by the following sections in particular <br clear="all"> <img src="https://stats.gestionefficace.net:9914/piwik.php?idsite=17&rec=1&action_name=RSS-Eviction: ignorance of the law can be costly&_rcn=RSS" style="border:0" alt="" /> Legal Me Annie Lapointe Wed, 07 Jul 2021 08:03:15 -0500 http://leproprietaire.apq.org/en/June2021/legal/10752 Non-payment of rent: on your marks, ready, go! http://leproprietaire.apq.org/en/June2021/word-editor/10740 <img src="https://leproprietaire.apq.org/images/thumbnails/cheque-thumbnail.jpg" border="0" align="left" hspace="5" /> Landlords have tight deadlines. Many who have just purchased their buildings realize how important financial planning and regular cash inflows through the tenants’ rent deposits are. In a market that has become agitated, favouring upward transactions and often with reduced room for manoeuvre, the main expenses of the building are often immutable or almost static. Taxes, insurance, energy costs, etc... leave little hope of reduction of these costs for rental property owners looking to improve the financial performance of their building. Income must therefore be as stable as possible, landlords must thus ensure that they make a good selection of tenants, which is of prime importance to avoid situations of non-payment of rent and conflicts as much as possible. <br clear="all"> <img src="https://stats.gestionefficace.net:9914/piwik.php?idsite=17&rec=1&action_name=RSS-Non-payment of rent: on your marks, ready, go!&_rcn=RSS" style="border:0" alt="" /> Word of the editor Martin A. Messier Fri, 25 Jun 2021 05:00:02 -0500 http://leproprietaire.apq.org/en/June2021/word-editor/10740 Clothes do not make the man is an adage that also applies to contracts http://leproprietaire.apq.org/en/may2021/legal/10727 <img src="https://leproprietaire.apq.org/images/thumbnails/cms-thumb-000002363.jpg" border="0" align="left" hspace="5" /> As much as the fact of signing a rental housing lease contract on a “homemade” form of one page does not exclude it from the jurisdiction of the Tribunal administratif du logement -Administrative Housing Tribunal, as much the opposite is true. Although a contract is signed on the mandatory lease form, it is possible in the end that the use one makes of it can be described as “commercial”. <br clear="all"> <img src="https://stats.gestionefficace.net:9914/piwik.php?idsite=17&rec=1&action_name=RSS-Clothes do not make the man is an adage that also applies to contracts&_rcn=RSS" style="border:0" alt="" /> Legal Me Annie Lapointe Fri, 18 Jun 2021 05:00:02 -0500 http://leproprietaire.apq.org/en/may2021/legal/10727 Even if the dwelling is “dirty and smelling” http://leproprietaire.apq.org/en/may2021/legal/10725 <img src="https://leproprietaire.apq.org/images/thumbnails/cms-thumb-000002861.png" border="0" align="left" hspace="5" /> IT SHOULD NEVER BE ASSUMED THAT THE BELONGINGS LEFT BY THE TENANTS ARE JUST WASTE We are again at that most favourable time of the year for tenants to move out or to quickly abandon their dwellings. Moreover, the good weather is back again with plenty of tenants who flee their housings, often in secret, at night. But even if they might seem to have left, throwing away a tenant's furniture is never a good idea, unless they have written to you to do so. What seems waste to you could have significant value for the tenant. The risk of lawsuits for damages warrants taking the time to fully understand the concept of abandoning the dwelling and of being the custodian of a property in order to make an informed decision in the face of a given situation. <br clear="all"> <img src="https://stats.gestionefficace.net:9914/piwik.php?idsite=17&rec=1&action_name=RSS-Even if the dwelling is “dirty and smelling”&_rcn=RSS" style="border:0" alt="" /> Legal Me Jean-Olivier Reed Fri, 11 Jun 2021 05:00:02 -0500 http://leproprietaire.apq.org/en/may2021/legal/10725 Smoke and Cannabis: More consumption of it during Covid confinement http://leproprietaire.apq.org/en/may2021/various/10731 <img src="https://leproprietaire.apq.org/images/thumbnails/cms-thumb-000002420.png" border="0" align="left" hspace="5" /> According to a study published by the Institut national de santé publique du Québec (INSPQ), cigarette and cannabis consumption increased during Covid confinement. “One third (32%) of cannabis users interviewed by INSPQ researchers during the period of April 16-28 reported that their use had increased “in the last week.” Also, 38% of smokers reported that their cigarette consumption had increased in the last month compared to before the pandemic. According to Statistics Canada, just over 1.2 million Quebecers smoke cigarettes every day or occasionally.” <br clear="all"> <img src="https://stats.gestionefficace.net:9914/piwik.php?idsite=17&rec=1&action_name=RSS-Smoke and Cannabis: More consumption of it during Covid confinement&_rcn=RSS" style="border:0" alt="" /> Various Communication service Wed, 09 Jun 2021 05:00:03 -0500 http://leproprietaire.apq.org/en/may2021/various/10731 The landlord's request to repossess the housing is granted even though relations with the tenant have been more strained in recent months http://leproprietaire.apq.org/en/may2021/legal/10723 <img src="https://leproprietaire.apq.org/images/thumbnails/cms-thumb-000002855.jpg" border="0" align="left" hspace="5" /> The landlord has submitted a request for permission to repossess the housing occupied by the tenant. On December 13, 2020, the landlord advised the tenant that he intended to return to the unit for housing purposes as of July 1, 2021. On January 9, 2020, within the time limit set out in section 1962 of the Québec Civil Code, the tenant gave notice to the landlord that she was refusing to leave the premises. The landlord then applied for repossession of the housing. <br clear="all"> <img src="https://stats.gestionefficace.net:9914/piwik.php?idsite=17&rec=1&action_name=RSS-The landlord's request to repossess the housing is granted even though relations with the tenant have been more strained in recent months&_rcn=RSS" style="border:0" alt="" /> Legal Me Robert Soucy Fri, 04 Jun 2021 05:00:02 -0500 http://leproprietaire.apq.org/en/may2021/legal/10723 Tenants with an unusual schedule must be tolerant http://leproprietaire.apq.org/en/april2021/legal/10695 <img src="https://leproprietaire.apq.org/images/thumbnails/cms-thumb-000001414.jpg" border="0" align="left" hspace="5" /> 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. <br clear="all"> <img src="https://stats.gestionefficace.net:9914/piwik.php?idsite=17&rec=1&action_name=RSS-Tenants with an unusual schedule must be tolerant&_rcn=RSS" style="border:0" alt="" /> Legal Me Jean-Olivier Reed Fri, 14 May 2021 05:00:02 -0500 http://leproprietaire.apq.org/en/april2021/legal/10695 A promise to purchase is never to be taken lightly http://leproprietaire.apq.org/en/april2021/legal/10690 <img src="https://leproprietaire.apq.org/images/thumbnails/Photo-reventes-18-juin-07-thumbnail.JPG" border="0" align="left" hspace="5" /> 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. <br clear="all"> <img src="https://stats.gestionefficace.net:9914/piwik.php?idsite=17&rec=1&action_name=RSS-A promise to purchase is never to be taken lightly&_rcn=RSS" style="border:0" alt="" /> Legal Me Annie Lapointe Fri, 07 May 2021 05:00:01 -0500 http://leproprietaire.apq.org/en/april2021/legal/10690 WITHDRAWAL SHOULD NOT CONSTITUTE A DISGUISED APPEAL FROM THE DECISION MADE BY THE TRIBUNAL http://leproprietaire.apq.org/en/april2021/legal/10688 <img src="https://leproprietaire.apq.org/images/thumbnails/cms-thumb-000002801.jpg" border="0" align="left" hspace="5" /> 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. <br clear="all"> <img src="https://stats.gestionefficace.net:9914/piwik.php?idsite=17&rec=1&action_name=RSS-WITHDRAWAL SHOULD NOT CONSTITUTE A DISGUISED APPEAL FROM THE DECISION MADE BY THE TRIBUNAL&_rcn=RSS" style="border:0" alt="" /> Legal Communication service Fri, 30 Apr 2021 12:17:32 -0500 http://leproprietaire.apq.org/en/april2021/legal/10688 THE TENANT MUST GIVE EVIDENCE OF GOOD FAITH AND QUICKLY NOTIFY THE OWNER OF THE IRREGULARITY OF A LEASE CHANGE NOTICE THAT HE OBSERVES http://leproprietaire.apq.org/en/March2021/legal/10671 <img src="https://leproprietaire.apq.org/images/thumbnails/cms-thumb-000002840.jpg" border="0" align="left" hspace="5" /> 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. » <br clear="all"> <img src="https://stats.gestionefficace.net:9914/piwik.php?idsite=17&rec=1&action_name=RSS-THE TENANT MUST GIVE EVIDENCE OF GOOD FAITH AND QUICKLY NOTIFY THE OWNER OF THE IRREGULARITY OF A LEASE CHANGE NOTICE THAT HE OBSERVES&_rcn=RSS" style="border:0" alt="" /> Legal Me Jean-Olivier Reed Mon, 29 Mar 2021 12:41:40 -0500 http://leproprietaire.apq.org/en/March2021/legal/10671 The tenant must demonstrate to the Tribunal that the noise caused by young children is excessive and abnormal http://leproprietaire.apq.org/en/March2021/legal/10667 <img src="https://leproprietaire.apq.org/images/thumbnails/cms-thumb-000002435.jpg" border="0" align="left" hspace="5" /> 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. <br clear="all"> <img src="https://stats.gestionefficace.net:9914/piwik.php?idsite=17&rec=1&action_name=RSS-The tenant must demonstrate to the Tribunal that the noise caused by young children is excessive and abnormal&_rcn=RSS" style="border:0" alt="" /> Legal Me Robert Soucy Mon, 22 Mar 2021 12:43:42 -0500 http://leproprietaire.apq.org/en/March2021/legal/10667 Repossession of a housing http://leproprietaire.apq.org/en/December2018/word-editor/9853 <img src="https://leproprietaire.apq.org/images/thumbnails/cms-thumb-000002591.jpg" border="0" align="left" hspace="5" /> In order to repossess a dwelling, a notice must be sent indicating that one intends to repossess the dwelling. This notice must be detailed and comply with the provisions of the Civil Code of Québec. If you miss a portion of the notice, it could be declared invalid and your initiative will be doomed to failure. The time frame within which the notice must be sent is extremely important. Let's first take the example of the best-known regular lease, that is, a 12-month lease. At this time, the notice must be sent at least 6 months before the end of the lease. If your lease, for instance, is a lease from July 1, 2018 to June 30, 2019, your notice must be sent no later than December 31, 2018. <br clear="all"> <img src="https://stats.gestionefficace.net:9914/piwik.php?idsite=17&rec=1&action_name=RSS-Repossession of a housing&_rcn=RSS" style="border:0" alt="" /> Word of the editor Martin A. Messier Thu, 20 Dec 2018 10:09:41 -0500 http://leproprietaire.apq.org/en/December2018/word-editor/9853 The Baillus Chronicles: RENT SETTING FOR 2019 9 essential things to know http://leproprietaire.apq.org/en/November2018/legal/9816 <img src="https://leproprietaire.apq.org/images/thumbnails/cms-thumb-000001678.jpg" border="0" align="left" hspace="5" /> With the general increase in the cost of living and the tax increases of the various levels of government, the profit margin of the owners is becoming less and less important. In this context, the increase in rent is an essential mechanism that the owner should know in its smallest details. Here are some tips for your 2019 increase. <br clear="all"> <img src="https://stats.gestionefficace.net:9914/piwik.php?idsite=17&rec=1&action_name=RSS-The Baillus Chronicles: RENT SETTING FOR 2019 9 essential things to know&_rcn=RSS" style="border:0" alt="" /> Legal Me Jean-Olivier Reed Fri, 23 Nov 2018 02:19:31 -0500 http://leproprietaire.apq.org/en/November2018/legal/9816 Subletting in an HLM (Low Rent Housing)? http://leproprietaire.apq.org/en/November2018/regulation/9814 <img src="https://leproprietaire.apq.org/images/thumbnails/cms-thumb-000002570.jpg" border="0" align="left" hspace="5" /> In Paris, France, a tenant was punctually subletting part of her housing with Airbnb while the regulations forbade it. Madame challenged her eviction explaining that if she subleased her housing on Airbnb, it was because of financial difficulties related to the amount of her income (« 2250 euros per month »), while the Régie Immobilière (Real-Estate Board) of the City of Paris replied that she has « a salary of 2289 euros, alimony, and a family-support allowance, in respect of a rental rate representing less than a third of her income, i.e. a disposable income of 1,000 euros ». But if a tenant who benefits from social housing wants to sublet this dwelling, does he have the right to do so? <br clear="all"> <img src="https://stats.gestionefficace.net:9914/piwik.php?idsite=17&rec=1&action_name=RSS-Subletting in an HLM (Low Rent Housing)?&_rcn=RSS" style="border:0" alt="" /> Regulation Communication service Thu, 22 Nov 2018 11:11:10 -0500 http://leproprietaire.apq.org/en/November2018/regulation/9814 Non-payment of rent The different procedure and length of processing time at the Régie du logement http://leproprietaire.apq.org/en/October2018/legal/9783 <img src="https://leproprietaire.apq.org/images/thumbnails/cheque-thumbnail.jpg" border="0" align="left" hspace="5" /> First of all, in Québec it is generally thought that the first and foremost obligation of a tenant is to pay his rent, and the Régie du logement assigns therefore a certain priority to the procedure of evicting a tenant who has not paid his rent and who still remains on the premises. Indeed, Section 1971 of the Civil Code of Québec allows the owner to file a request for termination of lease for non-payment of rent if the tenant is late for more than 3 weeks. The landlord does not, in principle, have the obligation to send a formal notice to the tenant prior to the filing of the request. Indeed, the tenant is automatically in default by the sole effect of the law. <br clear="all"> <img src="https://stats.gestionefficace.net:9914/piwik.php?idsite=17&rec=1&action_name=RSS-Non-payment of rent The different procedure and length of processing time at the Régie du logement&_rcn=RSS" style="border:0" alt="" /> Legal Me Jean-Olivier Reed Fri, 26 Oct 2018 02:34:54 -0500 http://leproprietaire.apq.org/en/October2018/legal/9783 Insurance and housing: can a proof of insurance be required? http://leproprietaire.apq.org/en/October2018/various/9779 <img src="https://leproprietaire.apq.org/images/thumbnails/cms-thumb-000001450.jpg" border="0" align="left" hspace="5" /> This question often comes down to the responsibility of tenants in rental properties. Indeed, many tenants do not take insurance, neither for the furniture or to ensure their civil liability. The question is therefore: Can the landlord require his tenants to have home insurance? The answer is yes, but only under certain conditions. <br clear="all"> <img src="https://stats.gestionefficace.net:9914/piwik.php?idsite=17&rec=1&action_name=RSS-Insurance and housing: can a proof of insurance be required?&_rcn=RSS" style="border:0" alt="" /> Various Communication service Thu, 25 Oct 2018 09:27:18 -0500 http://leproprietaire.apq.org/en/October2018/various/9779 SURVEILLANCE CAMERAS: What are the limits to the right to privacy? http://leproprietaire.apq.org/en/August18/legal/9704 <img src="https://leproprietaire.apq.org/images/thumbnails/cms-thumb-000002576.jpg" border="0" align="left" hspace="5" /> Owners of multi-unit buildings who deal with criminal acts, erratic, disturbing or violent behaviour, vandalism or theft in their buildings may decide to have surveillance cameras installed as a security measure. The following question should be asked then: what are the criteria and guidelines that make such means acceptable to the residents' right to privacy? The jurisprudence of the Régie du logement sets out some criteria that require your attention. <br clear="all"> <img src="https://stats.gestionefficace.net:9914/piwik.php?idsite=17&rec=1&action_name=RSS-SURVEILLANCE CAMERAS: What are the limits to the right to privacy?&_rcn=RSS" style="border:0" alt="" /> Legal Me Jean-Olivier Reed Fri, 10 Aug 2018 03:14:44 -0500 http://leproprietaire.apq.org/en/August18/legal/9704 Cancellation of a lease as a result of giving false information http://leproprietaire.apq.org/en/April2018/legal/9566 <img src="https://leproprietaire.apq.org/images/thumbnails/cms-thumb-000002363.jpg" border="0" align="left" hspace="5" /> In rental housing law, as in other areas of law, good faith must govern the conduct of the parties from the beginning till the end of the obligation. For the owners of buildings we are talking about the period from the signing of the lease until the evacuation of the premises at the end of the lease. The disclosure of a candidate's references is essential for the signing of the lease so that the landlord, following his investigation, can make an informed decision to accept or refuse to rent the dwelling. These references are at the basis of his decision. Their veracity and accuracy represent the good faith of the candidate. <br clear="all"> <img src="https://stats.gestionefficace.net:9914/piwik.php?idsite=17&rec=1&action_name=RSS-Cancellation of a lease as a result of giving false information&_rcn=RSS" style="border:0" alt="" /> Legal Me Jean-Olivier Reed Thu, 05 Apr 2018 02:18:19 -0500 http://leproprietaire.apq.org/en/April2018/legal/9566