The new construction strike that began on May 28th continues, putting construction sites at risk of not delivering the planned housings, apartments, or condominiums.
This delay can cause stress for tenants who must vacate their current dwellings by June 30th to move into a new one that will not be finished yet.
The Québec Landlords Association (APQ) understands this stress, but it is important:
- For the landlord not to take any action to "help" their tenant without consulting them to understand the possible consequences.
- For the tenant to fulfill their obligations.
Landlords, beware of lease extensions!
A landlord who extends a lease is very likely to end up with a new lease in effect, which can be extended at the tenant's discretion.
Current laws ensure that even if a one-month lease is signed, or a verbal agreement for an indefinite term, these do not automatically terminate, and the tenant has the right to remain in the premises.
Tenants can claim the right to remain in the premises even if, in your agreement, it was supposed to be temporary, so think carefully about this.
Tenants, know the consequences of unauthorized occupancy
If the tenant does not vacate as planned by July 1st, they become an unauthorized occupant:
Section 1889 of the Civil Code of Québec states: "The lessor of an immovable may obtain the eviction of a tenant who continues to occupy the leased premises after the end of the lease or after the date agreed upon during the lease for the return of the premises."
The landlord must file a request with the Tribunal administratif du logement as early as July 2nd to evict the tenant after the end of the lease, which will be processed as a priority.
However, in the meantime, the new tenant will need to be temporarily relocated and their belongings stored. The landlord is liable to the new tenant. The landlord has recourse for damages against the former tenant, but they must be solvent to recover money.
It is also possible that the new tenant refuses the temporary accommodations offered by the landlord and simply chooses to terminate the lease and rents another dwelling elsewhere, claiming damages from the landlord, including moving costs, storage costs, additional costs incurred for a new housing that would have a higher rental price, etc.
The landlord may request that the tenants be held liable for the rent during their illegal occupancy AND for the damages resulting from the landlord's inability to deliver the dwelling to the new tenant.
In a 2022 judgement(1), the Court ordered the tenant to pay $1,832.42.
The detailed documentary evidence also demonstrates that the landlady is unable to deliver the dwelling to the new tenant and that she is incurring expenses for storing the tenant's belongings, in addition to losing two months' rent, totaling $1,430, because the dwelling was occupied by the man.
Finally, the Court concludes:
GRANTS the landlady’s request;
ACKNOWLEDGES the termination of the lease effective on June 30, 2022;
ORDERS the immediate eviction of the tenant, Sofiane Dahmani, and all occupants of the dwelling;
CONDEMNS the tenant to pay the landlady the sum of $1,832.42, with interest at the legal rate and the additional compensation provided for in Section 1619 of the Civil Code of Québec, effective on July 28, 2022, plus Court and service costs of $103.
If you have any questions, please contact us.
Construction Strike and Delay in the Delivery of New Housings: We Must still Vacate the Housing!
