Skip to main content

Parking: how to assign space and handle the situation well with the tenants

Parking: how to assign space and handle the situation well with the tenants

First, let us remind ourselves that the housing lease has a very broad scope, as it applies in particular to housing accessories concerned, according to Section 1892 paragraph 2 of the C.c.Q. In this vein, parking space, as an accessory, is subject to the rules applicable to a residential lease.
In most situations, the housing leases contain a separate provision conferring parking rights to the tenants. As explained by the Régie du logement in Lacharité v. Demasi (2011 QCRDL 37431) before an access to a place in a garage is permitted, it must undoubtedly be determined in the housing lease, therefore, by contractual agreement. In the event that this right does not exist in the contract, it appears that the new owner, although the former has given privilege to the tenant for this purpose, is not required to allow the same tenant the access to a parking space. A similar result was seen in Martin v. Ayotte (2012 QCRDL 21855) where the tenants, who had a right to a parking in their old lease, lost it, because the new lease did not mention it.
Therefore, as the owner, you can include a clause in the lease for this purpose but there are few that provide a fixed parking lot for a specific tenant. As seen in Gavrina v. Ridgewood Partnership J. Bond (Chairman) (2009 QCRDL 1212), against the tenant who prosecutes him for having assigned to him another garage space than the one previously used, the owner issues: “that the lease entered into with the former tenant-leaving only mentioned that two parking spaces in the garage were awarded, without mentioning a particular place” (para. 42). He explains thus that by his management rights, he has the freedom to determine the spaces available as parking for his tenants as long as he respects the law as stated in the lease. In this case, the Régie du logement states that since the owner has however given new, less convenient parking space to Madame because of the difficulty to park there, there should be a reduction of the rent of thirty dollars (30 $). However, the Régie does not seem to want to challenge the validity of the right of Monsieur to the effect that he can assign a new parking spot to his tenant, especially because she states that it is logical for Monsieur to assign a new one to her since the old place was sold.
Therefore, we conclude that current case law refers to the right to park as being absolutely concluded within the housing lease, and this without necessarily assigning a specific site. As explained by the Court of Québec in Société 3505 Ste-Famille Inc. v. Marcelle Langlois Société Inc. (2005 JL 182-188), cited in Ducharme v. Caria (2012 QCRDL 16542), “parking space may vary in importance, depending on the location of the building and the objective or subjective circumstances of the tenant. The Tribunal does not believe that there are general rules in this regard, each case is a case that must be evaluated in the factual circumstances prevailing in each request for change.” (Para. 20). We are therefore of the view that, as an owner, you can assign parking space thereafter because rarely are these indicated in the lease.
For your information, what happens if a tenant then indicates that there was a verbal agreement regarding the precise assignment of a place? The Régie du logement, in Bisaillon v. Immeuble Summit Ridgewood Inc. (2012 QCRDL 23323), explains that it will be up to the lessee to report a preponderance of evidence to the effect that there was an agreement on the allocation of a specific parking space, whereas in this case it concerns space # 37. As Madame did not provide this evidence, one concludes that she will not be entitled to that particular lot and the owner therefore has the right to oust her from this space.
Therefore, dear owners, you have the right to assign parking spaces as you want between tenants who have access to them according to their leases.

About the author

Québec Landlords Association

Join now

Not already member of the APQ ?

Take advantage of all our services by joining now

This site uses cookies in order to provide you with the best possible user experience. By continuing to browse this site, you agree to the use of cookies.