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Collocation is the fact of making a rental pool

Collocation is the fact of making a rental pool

Collocation is the fact of making a rental pool. That is to say that more than one person is responsible for the leased premises. When a roommate is formalized, that is to say, with the consent of the owner, all roommates sign the lease.

However, it should distinguish a roommate of an occupant. It occupies just the housing and has no obligation to the owner (lessor), since it made no contractual commitment to that person. Note however that in case of damage to the building or the owner, the occupant may be required to repair the damage caused by the rules of civil liability that apply to every individual under section 1457 of Civil Code of Quebec.

The roommate, however, has the same obligations as a tenant, because it is a full tenancy or rent payments, prudent and diligent use of the leased premises, not to change the form or destination of the dwelling, conduct themselves so as not to disturb the normal enjoyment of other tenants, restore the premises to the condition they were received, etc..

Certain benefits associated with a roommate, both for the owner and the tenant. For the owner, it allows him to rely on more than one person for the payment of rent. For renters, the total expense of housing can then be divided between the number of people who live there. This can sometimes also afford a bigger house or more luxurious.

A major impact of colocation is collectible in the payment of rent. Two forms of obligations exist for the payment of rent, the obligation is joint and several liability. In principle, once there is more than one tenant, the obligation to pay rent is a joint obligation. This means that each tenant is responsible for paying the rent up from him. Unless otherwise agreed, if there are 3 roommates, the monthly rent will be divisible by 3. There is also an obligation called solidarity, which ensures that the total rent could be asked any of our three roommates. Moreover, solidarity does not exist by itself, as clearly stated in the law in Article 1525 of the Civil Code of Québec and must generally be provided clearly in the lease or other agreement. There are some exceptions to this, including the Civil Code, Article 397 provides that the spouses are fixed for the payment of rent, provided that the lease was signed for the current needs of the family. Thus, if no clause provides for solidarity from the obligation to pay rent, you will be liable only for your share of the rent.

That said, we must know the owner, he is entitled to receive the entire rent. The fact that you pay your portion of rent, but not your roommate, do not change that. In case of partial payment, the owner may seek recovery of the amount remaining unpaid and may request termination of the lease and evict all tenants and occupants when the rent is not paid in full. To avoid this situation, the tenant must pay the part of possibly offending roommate and then turn against him for repayment.

It may be wise to contract and roommate in order to avoid conflicts. This written agreement may provide for the allocation of rent and other expenses, especially if the shares are not equal, the terms of the right to transfer or sublease, the exclusive right to use certain parts of the property furniture, etc..

Shared life adds a legal relationship with the roommate, in addition to the existing owner.

So whether you are bound by obligation joint or several, it is important to remember that a lease is a contract and a contract must be clear and respected by all signatories.

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Québec Landlords Association (1)

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