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Free: A practical guide for landlords
As part of our zero tolerance campaign regarding tenants who damage their dwellings in the course of their moving out, we offer you this practical guide to help you avoid unpleasant surprises.
In this capacity, the landlord should be present on site during all the phases the changeover of tenants, as much for the departure of the old tenant as the arrival of the new one.
Additionally, if the tenant decides to not vacate the dwelling despite his or her obligation to do so, you have the means at your disposal to force them to leave the premises. Specifically, you should be aware that the landlord can take action before the Québec Rental Board to evict a person who occupies a dwelling without right and obtain a judgement against them enabling a bailiff to forcibly remove them from the premises. The waiting period to be heard in such cases is approximately one week. You cannot lawfully carry out the eviction yourself.
The tenant who refuses to leave must suffer the consequences of his or her actions: liability for the accommodation costs of the in-coming tenant, storage of their belongings, etc.
If the landlord discovers that the dwelling has been damaged in the course of the tenant's departure, he or she must take the following steps:
1) Be present on site, accompanied by a witness;
2) Make a written report describing the damage to the dwelling, as well as take photos;
3) If the tenant has left belongings behind, DO NOT THROW THEM OUT. Take photos of the belongings, make an written inventory of them, and put them in safe storage;
4) Obtain an estimate of the repairs required by a contractor who is a member of the Régie du bâtiment du Québec;
5) Carry out the repairs and rent the aprtment to another tenant as soon as possible;
6) Send a demand letter to the former tenant demanding compensation for the damage caused, lost rent if applicable, and all other costs related to the damage caused. Give the former tenant a three (3) month time limit within which to reclaim their belongings that you have stored in a safe location. Upon expiry of the three months, you may dispose of the belongings, but not before;
7) You may use a tracking service to obtain the former tenant's new address. You can claim the cost of this service from them. Vous pouvez utiliser les services d’un dépisteur pour trouver la nouvelle adresse de ce locataire et lui réclamer ces coûts.
For the arrival of the new tenant :
1) Make a written report, including photos, if possible.
2) If you can't make a written report or take photos, have a witness be present.
This is only a brief summary and the Québec Landlords Association (A.P.Q.) will be able to provide you with what you need. Its personnel will be able to give you all the useful and required tips to ensure you a success!
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