Before undertaking legal procedures, it is recommended that you seek legal advice in order to fully inform yourself as to your rights and obligations. Often, a situation is more complicated than initially perceived. A lawyer may help you exercise your rights concerning, but not limited to:
- Force specific performance of an obligation;
- Resiliate the lease ;
- Claim damages, both compensatory and punitive in nature;
- Proceed to the repossession of the leased premises;
- Obtain access to the leased property;
- Obtain the legal support necessary to change the destination of the property;
NON-PAYMENT OF RENT:
If you wish to request a hearing in front of a judge of the Rental Board regarding the non-payment of a rent, the delay varies between 30 to 60 days from the date of the deposit of the demand.
REPOSSESSION OF A DWELLING:
If you require the repossession of the Tenant, you are required to follow the guidelines of the law, including a 6 month delay period, an indemnity in lieu of repossession and the proof of service of a letter requesting the repossession of the Tenant.
A Tenant may contest the repossession of the premises in the event that the repossession has been executed in bad faith. Once he receives the repossession notification from the landlord, the Tenant has 30 days to accept or Decline. The Tenant will be presumed as if he declined the repossession if he fails to answer.
The Rental Board determines the good faith or the bad faith of the Landlord when exercising the repossession of the premises.
Keep in mind that the landlord has to prove his intention to use the dwelling as the principal residence for himself or for his relatives. Furthermore, he also cannot avail himself of its right to repossess the dwelling if he owns another dwelling that is vacant or available for rent at an equivalent price, in the same neighborhood.
ABANDONMENT OF THE PROPERTY:
The tenant may abandon the leased premises is if it becomes unfit for habitation. He must then notify the landlord about it before or ten (10) days after the abandonment.
DAMAGES TO THE PROPERTY:
If the tenant damages the leased property, ensure to take photos of the damages, obtain estimates and keep copies of all proof of payments for any repairs that has been done to the premises.
REFUSAL TO ALLOW ACCESS TO THE PROPERTY:
In the event of a refusal on behalf of the tenant to allow you to access the leased property, article 1933 of the Civil Code of Quebec entitles you to have access to the dwelling if it is necessary to carry out repairs.
Moreover, as a landlord, you are entitled to have a copy of the keys.
THE RESULT: JUDGMENTS FROM THE RENTAL BOARD
Most judgments from the Rental Board request the resiliation of the lease and expulsion of the tenant within a certain delay period.
In the event that the Tenant remedies his default, the judgment may become moot and the tenant may have rights to remain in the premises in the event of a simple non-payment of rent.
However, keep in mind that the eviction of a tenant for non-payment of rent can be hard to obtain. If the tenant meets his obligations and pays the arrears of rent before the judgment, he cannot be evicted from the premises.
Consequently, it is in the best interests of the Landlord to ensure that any judgments reflect all the defaults of the Tenant in order to ensure that the expulsion order against the Tenant may be executed appropriately and in a timely manner.
The landlord can evict a tenant for the repetitive non-payment of rent. It is also possible to request a safeguard order to force the tenant to fulfill his obligation to pay each first day of the month.
Therefore, it is easier to evict a tenant through another motive such as harassment or non-respect of contractual obligations pursuant to the lease. Furthermore, if the tenant is responsible for a prejudice caused to the landlord due to his failure to respect his contractual obligations, the landlord can also proceed to the resiliation of the lease.
DID YOUR TENANT SUE YOU FOR REDUCTION IN RENT?
The Rental Board may condemn the Landlord to reduce the rent of the Tenant in the event that the Tenant has been deprived of his peaceful enjoyment of his premises such as the lack of heating or air-conditioning, the absence of the use of an elevator and the absence of taking proper maintenance and care to the property.
For more information regarding the landlord-tenant relationship, click here.
If you are looking for a law firm with reasonable rates, quick and efficient turnaround time for your files and who provides personalized and effective follow-ups, call Schneider Attorneys at (514) 439-1322 ext. 112 or email us at email@example.com
The above noted text should not be construed as providing legal advice or a statement of your claim. The process highlighted above are merely parameters and barometers and do not constitute any warranties and guaranties with regards to your file at hand. We strongly recommend that you seek legal advice with a licensed attorney from the Barreau du Quebec or a notary at the Chambre des Notaires. Each case must be seen and analysed on its merits as the legal process may be complex and cumbersome.