Lease-back is a contract by which a tenant transfers his lease to a new tenant who then inherits the same rights and obligations of the lease, the rent, the services and regulations, etc…
Right. Cf. Article 1870 of the Quebec Civil Code and following.
A notice of rent increase sent on the 31st of March and received on April the 4th is not valid.
Wrong. Article 1941 of the Quebec Civil Code. The notice’s mailing date is determining. In order to have this proof one has, of course, to send it by registered mail or by a bailiff.
The report on the state of the premises is a document that should be filled out with the tenant at the beginning and at the end of the lease.
Right. A model of the Report on the State of the Premises is available with the landlord’s information kit. Address yourself to your agent if necessary.
In case there is ‘bad blood’ between two tenants and you are receiving complaints from the two of them you should not become involved. This is only a problem of ‘different temperaments’.
Wrong. Articles 1854, 1858, 1860 and 1861 of the Civil Code of Quebec. You should give notice to the tenant(s) who does/do not respect peaceful enjoyment of the premises by the other tenant(s) because the landlord is responsible for the peaceful enjoyment of his premises.
Suppose your apartment belongs to a company and you are not available to assist in a hearing for non-payment of rent. You send your sister – who is not employed by your company – to give witness in your place.
Wrong. Article 72 from the law regulating the Régie du logement stipulates that when you are a company you have to be represented by a lawyer or by an administrator or by an officer (f.i.: a treasurer) or if you are having only one employee, he/she can indeed represent you as long as he/she has been authorized to do so by a decision of the Board of Governors.
The director of the Régie must write down and render his decision within a maximum delay of one month.
Wrong. Article 41 on procedure regulations at the Régie du logement. The director has a maximum delay of three (3) months to render his decision following deliberation.
Suppose the tenant tells me that it would be all right to pay his/her rent on the 15th day of the month because he/she supposedly has until the 23th of the month to pay the rent.
Wrong. Article 1903 of the Quebec Civil Code. Rent must be paid on the first day of each month. The 23rd of the month is the last day before the landlord can ask for termination of the lease from our tenant if rent is to be paid on the first day of the month. If he pays one day late he would be paying too late.