Difficulties for visiting a house for sale: How to resolve them?
When a multi-unit building owner intends to sell his property, his first concern is to ensure the collaboration of his tenants for the taking of photos and the visit of potential buyers. However, many tenants make this portion of the sale very difficult and painful to the point of having to judicialize the problem.
A tenant fails in his lawsuit for damages with interest for an alleged repossession of housing in bad faith
The tenant sues the landlord for damages with interest of $25,000 on the grounds that he was the victim of a repossession of a dwelling in bad faith. At the hearing the tenant stated that he was seeking moral damages of $3,000, $7,000 in material damages and $15,000 in punitive damages.
Termination of the lease for the installation of a swimming pool on a drainfield
In a 2018 decision it was put into evidence that when signing the lease, the tenants had raised the possibility of installing a swimming pool on the land and that the owner had refused.
Unfortunately, no registration or details are indicated for the pool on the lease.
The tenants repeated their request the following spring but the landlady still refused.
They decided to install a swimming pool anyway, containing 10,000 liters of water without notifying the landlady and without asking the city for a permit.
Assignment of lease or how to circumvent the law?
A recent article highlighted the assignment of leases.
It encouraged tenants to assign their lease rather than give notice of their wish not to renew the lease. Therefore the tenants can choose their successor themselves.
The Association des Propriétaires du Québec (APQ) can only disagree with this initiative.
The choice of the future tenant is a right that belongs to the rental property owner. In addition to the aspect of meeting the future tenant, the landlord must ensure the peaceful enjoyment of the premises and be sure that the tenant will meet his financial obligations.
Repossession of housing : The personal considerations of the tenant
The tenant refers mainly to her great disappointment at the idea of leaving her present dwelling to which she is very attached after many years of occupation of the housing. She is also afraid that she will not be able to relocate at a reasonable price because she claims that the housing that would suit her best is often overpriced for her means. She argues that the landlady could house her mother on the ground floor, in her own home. This housing of 5 and a half rooms would be more than spacious enough to accommodate three people, while the son of the landlady could eventually even settle in the basement. Also, given the advanced age of the landlady’s mother and the many steps to access her upstairs dwelling, the tenant questions the mother’s physical ability to truly settle in the dwelling concerned.
Cryptocurrency farming in a rental housing: Overconsumption of electricity, high electricity bill and fire risk
Do not hesitate to visit your rental dwellings!
In a January 2020 decision, the tenant made a claim for damages and a ruling since he had the electricity disconnected due to an overload of the electrical system. He demanded to be reconnected. The landlord had applied for non-payment of rent and termination of the lease.
Modifying leases to reflect the new reality of electric cars and avoid unpleasant surprises
In a decision of January 10, 2022, a landlord asked his tenant to modify the lease, that included heating, to add in the lease that the consumption of an electric vehicle is not included.
The tenant did not contest this request for modification of the lease but he wondered about the relevance of this clause since he did not have an electric vehicle.
Choosing your tenant: how do you do it?
During the period of renewal of leases there will inevitably be some moving around of tenants in some buildings and new leases to be signed. However, to what extent can we refuse a candidate for rental housing?
We suggest in any case to carry out a pre-rental evaluation, thus avoiding to rely solely on the appearance of a person, which can be misleading. It is a right that has been granted to rental housing owners, but that must be exercised within the limits provided for by law. For this assessment, the owner must collect only the information necessary for the purpose of his file, from the person concerned. This information, both collected from the tenant applicant and the assessment results, is confidential in accordance with the Act respecting the protection of personal information in the private sector.
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