Le Propriétaire http://leproprietaire.apq.org Le Propriétaire - Le journal par excellence en immobilier en Copyright 2021, Le Propriétaire Mon, 06 Dec 2021 14:47:26 -0500 60 Newscoop https://leproprietaire.apq.org/themes/publication_3/theme_1/_img/logo.png Le Propriétaire http://leproprietaire.apq.org Subletting: Yes indeed, the landlord has his word to say http://leproprietaire.apq.org/en/november2021/legal/10877 <img src="https://leproprietaire.apq.org/images/thumbnails/cms-thumb-000002801.jpg" border="0" align="left" hspace="5" /> Dans le cadre d’une sous-location, les motifs de refus qui sont sérieux et valables sont encore plus restreints que dans le cadre d’une cession de bail. En effet, dans le cadre d’une sous-location, le locataire principal demeure responsable de vous payer et des agissements des sous-locataires et des dommages au logement. Ainsi, les motifs sérieux pour refuser un sous-locataire sont très très limités. <br clear="all"> <img src="https://stats.gestionefficace.net:9914/piwik.php?idsite=17&rec=1&action_name=RSS-Subletting: Yes indeed, the landlord has his word to say &_rcn=RSS" style="border:0" alt="" /> Legal Me Jean-Olivier Reed Mon, 06 Dec 2021 06:00:01 -0500 http://leproprietaire.apq.org/en/november2021/legal/10877 Unpaid rents http://leproprietaire.apq.org/en/november2021/word-editor/10873 <img src="https://leproprietaire.apq.org/images/thumbnails/cms-thumb-000002678.jpg" border="0" align="left" hspace="5" /> Jonathan Tremblay’s article in the Journal de Montréal clearly demonstrates the dangers that our current rental system represents for rental property owners. In its investigation, the Journal de Montréal was able to highlight this particular tenant who accumulated months of unpaid rent, from one landlord to another. The article discusses what rental housing owners can go through in Québec. The winning combination for fraudsters lies in a mixture of delays, restrictions on applying for a security deposit, the impossibility of seizing most government benefits such as social assistance and the complexity of recovering the sums of money that are due to the owners because of significant costs for the bailiff and the Court stamp. <br clear="all"> <img src="https://stats.gestionefficace.net:9914/piwik.php?idsite=17&rec=1&action_name=RSS-Unpaid rents&_rcn=RSS" style="border:0" alt="" /> Word of the editor Martin A. Messier Tue, 30 Nov 2021 13:47:54 -0500 http://leproprietaire.apq.org/en/november2021/word-editor/10873 The repossession of a housing: an exception where each criterion is essential! http://leproprietaire.apq.org/en/october2021/legal/10857 <img src="https://leproprietaire.apq.org/images/thumbnails/cms-thumb-000002906.png" border="0" align="left" hspace="5" /> Whether it is a project of a couple, with friends or family, it happens for all kinds of reasons that one decides to buy a home with others. However, this way of owning a dwelling may not be adapted according to the project concerned. It happens indeed that a coveted building also has an interest, in addition to the investment, to make it one’s home. Every year unfortunately, some people are unable to repossess the desired dwelling, without fully understanding the reason. <br clear="all"> <img src="https://stats.gestionefficace.net:9914/piwik.php?idsite=17&rec=1&action_name=RSS-The repossession of a housing: an exception where each criterion is essential!&_rcn=RSS" style="border:0" alt="" /> Legal Me Annie Lapointe Fri, 19 Nov 2021 03:35:01 -0500 http://leproprietaire.apq.org/en/october2021/legal/10857 Interpretation of section 1959.1 on the renter’s income http://leproprietaire.apq.org/en/october2021/legal/10855 <img src="https://leproprietaire.apq.org/images/thumbnails/cms-thumb-000002909.png" border="0" align="left" hspace="5" /> Contradictory jurisprudential trend to be followed at the Administrative Housing Tribunal. Since the coming into force of section 1959.1 of the Civil Code of Québec in 2017, which restricts by 3 cumulative conditions, the repossession of a housing, some decisions have been rendered by the Administrative Housing Tribunal, particularly as to the maximum income to be considered. First, the 3 conditions of this section are cumulative, so if one of them is not respected by the tenant, the exception no longer applies which allows the owner to repossess the housing. <br clear="all"> <img src="https://stats.gestionefficace.net:9914/piwik.php?idsite=17&rec=1&action_name=RSS-Interpretation of section 1959.1 on the renter’s income &_rcn=RSS" style="border:0" alt="" /> Legal Me Jean-Olivier Reed Fri, 12 Nov 2021 03:35:01 -0500 http://leproprietaire.apq.org/en/october2021/legal/10855 The story of a hedge: headaches for the neighbours http://leproprietaire.apq.org/en/september2021/legal/10853 <img src="https://leproprietaire.apq.org/images/thumbnails/cms-thumb-000002669.jpg" border="0" align="left" hspace="5" /> When autumn arrives, preparation for winter is going on, on most properties: pool closure, leaf raking, installation of shrub protections, gutter cleaning, etc. Some take advantage of this time for the cutting of their hedge. Such maintenance can raise questions however, especially when hedge or fence structures are near the line separating two neighbouring lots. This is all the more complicated when it comes to long-standing plantations made by previous owners. Who should maintain this hedge? <br clear="all"> <img src="https://stats.gestionefficace.net:9914/piwik.php?idsite=17&rec=1&action_name=RSS-The story of a hedge: headaches for the neighbours&_rcn=RSS" style="border:0" alt="" /> Legal Me Annie Lapointe Fri, 05 Nov 2021 05:00:02 -0500 http://leproprietaire.apq.org/en/september2021/legal/10853 Renting without a lease http://leproprietaire.apq.org/en/october2021/word-editor/10847 <img src="https://leproprietaire.apq.org/images/thumbnails/cms-thumb-000002888.jpg" border="0" align="left" hspace="5" /> Many landlords feel that they have an advantage in handing over the keys to the dwelling and verbally agreeing on the amount of the rent without giving a written lease to the tenant. Regularly the owners tell me that they proceeded in this way because they did not trust the tenant. By doing so, the owner mistakenly believes that he is protected. Many landlords believe that by not giving a lease they can simply decide to end the tenancy by telling tenants that they must leave the dwelling. <br clear="all"> <img src="https://stats.gestionefficace.net:9914/piwik.php?idsite=17&rec=1&action_name=RSS-Renting without a lease&_rcn=RSS" style="border:0" alt="" /> Word of the editor Martin A Messier Mon, 01 Nov 2021 10:09:36 -0500 http://leproprietaire.apq.org/en/october2021/word-editor/10847 The Supreme Court has established that the home must be for every Canadian his ultimate refuge http://leproprietaire.apq.org/en/september2021/legal/10834 <img src="https://leproprietaire.apq.org/images/thumbnails/cms-thumb-000002903.jpg" border="0" align="left" hspace="5" /> The landlord is seeking the termination of the lease and the eviction of the tenant on the grounds that the tenant disturbs the peaceful enjoyment of the premises. The tenant strongly contests the request however, on the grounds that it is rather she who is the victim of noise and harassment so that she would leave her dwelling. The parties are bound by a lease renewed until June 30, 2022. <br clear="all"> <img src="https://stats.gestionefficace.net:9914/piwik.php?idsite=17&rec=1&action_name=RSS-The Supreme Court has established that the home must be for every Canadian his ultimate refuge&_rcn=RSS" style="border:0" alt="" /> Legal Me Robert Soucy Fri, 15 Oct 2021 05:00:01 -0500 http://leproprietaire.apq.org/en/september2021/legal/10834 a visit of the premises by the court is possible ! http://leproprietaire.apq.org/en/september2021/legal/10832 <img src="https://leproprietaire.apq.org/images/thumbnails/cms-thumb-000002591.jpg" border="0" align="left" hspace="5" /> It is article 68 of the Act respecting the Administrative Housing Tribunal that allows the administrative judge, also known as a “member” of the Tribunal, to physically travel to the premises of the dispute, to carry out a visit for the purpose of examining or assessing the facts relating to this dispute. But how can this article apply in practice? <br clear="all"> <img src="https://stats.gestionefficace.net:9914/piwik.php?idsite=17&rec=1&action_name=RSS-a visit of the premises by the court is possible !&_rcn=RSS" style="border:0" alt="" /> Legal Me Jean-Olivier Reed Fri, 08 Oct 2021 05:00:02 -0500 http://leproprietaire.apq.org/en/september2021/legal/10832 The roof leaks, and the insurance of the tenants asks for the reimbursement of the sums paid http://leproprietaire.apq.org/en/september2021/word-editor/10830 <img src="https://leproprietaire.apq.org/images/thumbnails/cms-thumb-000002852.jpg" border="0" align="left" hspace="5" /> In a decision rendered on May 28, 2021, the Administrative Housing Tribunal ordered the landlord to reimburse the tenants’ insurance company the sum of $975.03. In this case, the tenants suffered losses to some of their household items as a result of water damage that occurred through infiltration from the roof. The insurance company claimed from the landlord, by being subrogated to the rights of the tenants, the sum of $1867.20 that had been paid to the tenants to compensate them for the loss of two mattresses. This amount was reduced at the hearing by diminishing the value claimed to $933.60, considering that the age of the mattresses represented a depreciation factor of 50%. <br clear="all"> <img src="https://stats.gestionefficace.net:9914/piwik.php?idsite=17&rec=1&action_name=RSS-The roof leaks, and the insurance of the tenants asks for the reimbursement of the sums paid&_rcn=RSS" style="border:0" alt="" /> Word of the editor Martin A. Messier Fri, 01 Oct 2021 05:00:02 -0500 http://leproprietaire.apq.org/en/september2021/word-editor/10830 The repossession of a housing: you are entitled to it! http://leproprietaire.apq.org/en/september2021/regulation/10816 <img src="https://leproprietaire.apq.org/images/thumbnails/cms-thumb-000002888.jpg" border="0" align="left" hspace="5" /> Housing repossession is a fundamental right that rental property owners can exercise. But often this housing repossession is accompanied by binding and even unfair rules according to many rental property owners. Owners are entitled to the repossession of their house! The repossession of a housing is one of the most restrictive processes for a homeowner; not everyone easily repossesses a house that he wants to take back! <br clear="all"> <img src="https://stats.gestionefficace.net:9914/piwik.php?idsite=17&rec=1&action_name=RSS-The repossession of a housing: you are entitled to it!&_rcn=RSS" style="border:0" alt="" /> Regulation Communication service Thu, 30 Sep 2021 05:00:01 -0500 http://leproprietaire.apq.org/en/september2021/regulation/10816 TERMINATION OF LEASE HOW TO AVOID GETTING TRAPPED http://leproprietaire.apq.org/en/august2021/legal/10794 <img src="https://leproprietaire.apq.org/images/thumbnails/cms-thumb-000002894.jpg" border="0" align="left" hspace="5" /> Article 1870 of the Civil Code of Quebec allows the tenant, at any time during the lease, to termination the lease. The assignment of a lease allows the tenant to free himself from all the obligations of the lease by "transferring" his lease to another tenant. To do so, he must send a written notice to the owner of his intention with the name and address of the candidate AND obtain the owner's consent to the assignment of lease. <br clear="all"> <img src="https://stats.gestionefficace.net:9914/piwik.php?idsite=17&rec=1&action_name=RSS-TERMINATION OF LEASE HOW TO AVOID GETTING TRAPPED&_rcn=RSS" style="border:0" alt="" /> Legal Me Jean-Olivier Reed Fri, 17 Sep 2021 05:00:02 -0500 http://leproprietaire.apq.org/en/august2021/legal/10794 Partial payment of debts http://leproprietaire.apq.org/en/august2021/legal/10792 <img src="https://leproprietaire.apq.org/images/thumbnails/cms-thumb-000002684.jpg" border="0" align="left" hspace="5" /> Generally speaking, when a person owes several sums of money to another, he or she has the right to decide which amount to pay first, unless another agreement is stipulated by contract. For example, if I owe a friend money on a loan and also another loan for the purchase of his car with the payments being made in installments, I have the right to decide to pay off a part of my loan with the $ 200 I handover today, with the aim of lowering the higher interest, if both debts are due. I should then clearly indicate this possibility. <br clear="all"> <img src="https://stats.gestionefficace.net:9914/piwik.php?idsite=17&rec=1&action_name=RSS-Partial payment of debts&_rcn=RSS" style="border:0" alt="" /> Legal Me Annie Lapointe Fri, 10 Sep 2021 09:48:31 -0500 http://leproprietaire.apq.org/en/august2021/legal/10792 Deposit claimed, lease signed, landlord liable for damages http://leproprietaire.apq.org/en/august2021/word-editor/10790 <img src="https://leproprietaire.apq.org/images/thumbnails/cms-thumb-000001366.jpg" border="0" align="left" hspace="5" /> In a recent case heard by the Tribunal Administratif du logement (1) the TAL had to rule on the existence of a lease for the dwelling and on the issue of damages claimed by the tenant and the reimbursement of one month's rent deposit, which had been paid in the amount of $580, at the time the lease was signed. In this case, the tenant argued that a lease existed, even though the landlord had not given him a copy. <br clear="all"> <img src="https://stats.gestionefficace.net:9914/piwik.php?idsite=17&rec=1&action_name=RSS-Deposit claimed, lease signed, landlord liable for damages&_rcn=RSS" style="border:0" alt="" /> Word of the editor Martin A. Messier Fri, 03 Sep 2021 09:50:12 -0500 http://leproprietaire.apq.org/en/august2021/word-editor/10790 THE RULES RELATING TO A REQUEST TO DEMOLISH A BUILDING http://leproprietaire.apq.org/en/july2021/legal/10777 <img src="https://leproprietaire.apq.org/images/thumbnails/1-Demolition-briques-rouges-a-terre-thumbnail.jpg" border="0" align="left" hspace="5" /> The tenant signed an indefinite lease on June 1, 2018 at a monthly rent of $900 for the rental of a single-family home. The landlords acquired the house on August 7, 2020. On November 20, 2020, the landlady goes to the tenant’s house to deliver him a demolition notice to rebuild a new single-family home on the model form proposed by the Administrative Housing Tribunal used when the landlord wants to subdivide, substantially expand or change the allocation of a dwelling. <br clear="all"> <img src="https://stats.gestionefficace.net:9914/piwik.php?idsite=17&rec=1&action_name=RSS-THE RULES RELATING TO A REQUEST TO DEMOLISH A BUILDING&_rcn=RSS" style="border:0" alt="" /> Legal Me Robert Soucy Fri, 20 Aug 2021 05:00:02 -0500 http://leproprietaire.apq.org/en/july2021/legal/10777 What exactly represents serious damage http://leproprietaire.apq.org/en/july2021/legal/10775 <img src="https://leproprietaire.apq.org/images/thumbnails/cms-thumb-000002876.jpg" border="0" align="left" hspace="5" /> Not all breaches of the lease justify the termination of the lease. What exactly represents serious damage? - Analysis in the context of a frequent delay in the payment of the rent. The basic section concerning serious damage for frequent delay is Section 1971 of the Civil Code of Québec. <br clear="all"> <img src="https://stats.gestionefficace.net:9914/piwik.php?idsite=17&rec=1&action_name=RSS-What exactly represents serious damage&_rcn=RSS" style="border:0" alt="" /> Legal Me Jean-Olivier Reed Fri, 13 Aug 2021 05:00:02 -0500 http://leproprietaire.apq.org/en/july2021/legal/10775 In my rented apartment I sleep, I eat and ... I also operate a daycare! http://leproprietaire.apq.org/en/july2021/legal/10773 <img src="https://leproprietaire.apq.org/images/thumbnails/cms-thumb-000002882.png" border="0" align="left" hspace="5" /> We have seen an upsurge in working from the ‘home office’ during the pandemic. And so it also happens that tenants, or candidate tenants, request the possibility of operating a childcare environment in their rented dwelling. In the case of residential premises, we recommend that it be made clear in the lease, that it is understood from the outset that this activity will be practised, i.e. the dual use that will be made of the dwelling. This mixed use must however never allow that non-residential use accounts for more than one-third of the dwelling. We refer you to section “B” of the rental housing lease form for these registrations. <br clear="all"> <img src="https://stats.gestionefficace.net:9914/piwik.php?idsite=17&rec=1&action_name=RSS-In my rented apartment I sleep, I eat and ... I also operate a daycare!&_rcn=RSS" style="border:0" alt="" /> Legal Me Annie Lapointe Fri, 06 Aug 2021 05:00:01 -0500 http://leproprietaire.apq.org/en/july2021/legal/10773 Commercial lease: unpaid rent for a commercial lease, how to avoid a nightmare http://leproprietaire.apq.org/en/july2021/word-editor/10769 <img src="https://leproprietaire.apq.org/images/thumbnails/cms-thumb-000002879.png" border="0" align="left" hspace="5" /> Many landlords who have rented commercial premises have shown a lot of patience in recent months due to the pandemic. Several landlords have agreed to participate voluntarily in the various government programs and have agreed to give up a portion of their tenants’ rent for a certain period of time in order to receive a government subsidy. <br clear="all"> <img src="https://stats.gestionefficace.net:9914/piwik.php?idsite=17&rec=1&action_name=RSS-Commercial lease: unpaid rent for a commercial lease, how to avoid a nightmare&_rcn=RSS" style="border:0" alt="" /> Word of the editor Martin A Messier Tue, 03 Aug 2021 12:17:00 -0500 http://leproprietaire.apq.org/en/july2021/word-editor/10769 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