Editing the lease to sanction the behaviour of a tenant? Not the right way!
In case of refusal of the lease modifications you propose to a tenant, it is up to the landlord to, within one month of the refusal, request the Court of the Régie du logement to decide on the requested modification.
When it concerns the amount of the rent, the setting of the rent is based on a calculation under the Regulation Respecting the Criteria for the Fixing of the Rent. Regarding the modifications, however, no criteria exist for establishing what is allowed. Therefore, each case is a case to be assessed according to the circumstances by the judge. A recent judgment has come to remind us of this principle (1). In this situation, the landlord demanded modification of a land lease for hosting a mobile home, in order to remove from the rental, a part of additional land that had been leased to store a trailer.
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