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The APQ sees the need for security deposits.

The APQ sees the need for security deposits.

A word from the Editor - August 2011

July 1st, 2011: After having moved all night long the tenant is finally asleep - The APQ (Québec Landlords Association) sees the need for security deposits.


Montreal, July 1st, 2011

After having disturbed the sleep of the other occupants of the building until 4 o’clock in the morning, a tenant is still asleep when the new tenant arrives to move in.

Micheline has been the owner of a triplex in Montreal for 6 years now. After having been woken up at one o’clock in the morning, she was very surprised to see a refrigerator moving past her door! Her tenant was moving out during the night.

When morning arrived, and after having been kept awake by the noise until 4 o’clock in the morning, Micheline realizes that the tenant is asleep when the new tenant arrives to move in. In the end, the situation will be solved by the temporary storage of the new tenant's boxes in the owner’s apartment while waiting for the rented apartment to be vacated.

The dwelling was in bad condition according to Micheline, the owner of the triplex

Micheline was discouraged when the dwelling was returned to her in bad condition. A dirty stove, dirty walls and a nauseating smell in the dwelling awaited her. The tenant had ruined the wooden floor which was in good condition when he moved in only one year before.

It's clear to Micheline that the tenant won't pay the 300$ it will cost to repair the floor, even if she were to send a demand letter.

According to Martin Messier, President of the Quebec Landlords Association (APQ), this type of situation occurs frequently. “This type of behaviour is unfortunate and the Government needs to allow landlords to require a deposit to cover potential damage to the dwelling.”

For Micheline, asking for a deposit would be normal, explaining that damage deposits are commonplace outside of Quebec.

The owner can send a notice to the tenant, and, ultimately file a request with the Rental Board, but for Micheline, it's too much of a waste of time for the amount of money at stake.

The APQ sees the need for tenants and landlords to better understand their rights and obligations, so that the moving in and moving out of their customers, the tenants, takes place harmoniously. This is why all owners of rental dwellings in Quebec, whether or not they are APQ members, have been able to benefit from the sound advice provided all day long on July 1st through its telephone hotline at 1-888-382-9670.

We need your support on this issue, so if you have experienced similar situation which illustrate the need for damage deposits, please let us know by contacting your account representative, or by email at info@apq.org.

About the author

Me 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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