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Sometimes we are responsible for some of our tenants’ behaviour

Sometimes we are responsible for some of our tenants’ behaviour

The kind of management of the relations we have with our tenants may make a difference in the attitudes that these may develop over a period of time.

We have taken good care to verify our future tenant, to sign a well-completed lease, all this while setting rules for the dwelling resulting from a clear and precise agreement with our tenant. Nevertheless, new attitudes could come into being on the part of our tenants as a result of our daily management [of things].

Here are a few examples. The tenant knows that he has to pay his rent on the first day of the month. If, however, you easily accept a first delay, and then perhaps a second one and even more, before signalling your opposition. Neglect of such a situation could cause you prejudice and if you would have acted rapidly with your defaulting tenant there might not have been any recidivism on his part.

Whenever one gives a second chance to someone, one also gives him the possibility to change his behaviour.

Your tenant and you have, for instance, signed a lease that clearly states that snow clearance of the stairways and balconies of the dwelling are the responsibility of the tenant. Nevertheless, you like to make yourself useful and you regularly do the work yourself without exactly telling your tenant.

The tenant has no right to park his car on your property, but verbally you allow him to do so. Even if there is no permission on paper you could have problems with the Régie du logement, later-on, should you decide to abrogate this privilege to him because you would have created an established right.

It is also important to be vigilant whenever one of your tenants does not respect a clause of the lease or of the rules of the house. By acting quickly you can limit the damage that can occur and often the defaulting tenant will accept your request knowing very well that he is dealing with a strict landlord.

It is often said that vigilance is very important while renting an apartment but it is also important to be vigilant in the daily organization of our relations with our tenants. One has to act rapidly whenever a clause of the lease is not respected anymore because one could become responsible for the new behaviour of our tenants which could, in its turn, cause us prejudice and, in certain cases, serious prejudice. For all questions, especially before acting, contact our legal services.

About the author

Martin A. Messier

Me Martin A. Messier a fait ses études au Collège Jean-de-Brébeuf avant de continuer ses études en droit à l'Université de Montréal. Il est membre du Barreau du Québec depuis 1992, et œuvre auprès des propriétaires de logements locatifs depuis 1993.

Il est entre autres président de l'Association des propriétaires du Québec, propriétaire d'une compagnie de gestion immobilière. Il est fréquemment invité comme conférencier dans le cadre de conférences et de séminaires juridiques et de gestion portant sur le louage immobilier.

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