Owners who take to heart their role of providing a safe and healthy roof to millions of tenants.
One worrisome situation that should be put forward is the ransacking of housing.
We know that the legislative system in rental law is obsolete and that a clean sweep is necessary.
In any case, over the years, changes have been made by regulation, for instance, to reform an obligation or to protect a population. Examples include strengthening the protection of the elderly during repossession of housing or amending clause G to indicate the last lowest rent paid.
So the Association des Propriétaires du Québec (APQ) is convinced that with some good will and determination a rapid change could be made to protect landlords from tenants who ransack their housing.
Indeed, when owners discover their housing left in a pitiful state, they have the reflex to think: it is vandalism, so they file a complaint.
However, since the landlord-tenant relationship falls under the jurisdiction of the Administrative Housing Tribunal, appeals must be initiated with the TAL.
Under the Canadian Criminal Code, a ransacked dwelling could be interpreted as vandalism. “Mischief
430 (1) A person commits mischief wilfully, as the case may be, when he:
(a) destroys or damages property;
(b) renders an object dangerous, useless, inoperative or ineffective;
(c) prevents, interrupts or interferes with the lawful use, enjoyment or exploitation of property;
(d) prevents, interrupts or hinders a person in the lawful employment, enjoyment or exploitation of property.”
The APQ claims that acts committed by tenants must be considered criminal acts.
When a tenant ransacks the dwelling and leaves it unsanitary, he should be considered to have committed a criminal act.
Clarifications should therefore be made to the Criminal Code to include these ransackings of dwellings as an indictable offence in the same way as vandalism.
Having a criminal record could be more of a deterrent for some tenants and ensure they understand the impact of their actions.
If tenants could see a real consequence, it would encourage them to meet their obligations, which would help both landlords and other tenants.
Watch the TVA Nouvelles report with the participation of Me Robert Soucy, spokesperson for the APQ : https://tvagatineau.ca/un-logement-laisse-dans-un-etat-degueulasse-par-des-locataires-a-thurso/