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YOU,RE RENTING OUT YOUR CONDO: YOUR NEW TENANT IS MOVING IN SOON

YOU,RE RENTING OUT YOUR CONDO: YOUR NEW TENANT IS MOVING IN SOON


This article is a follow-up to the one published in the last issue of June/July 2011 on the subject of tenants in condo buildings. This month, we'll talk about some important points which the co-owner-landlord must be aware of before the tenant moves into the co-ownership.

Moving bylaws

It is important to check in your building's declaration of co-ownership , as well as any building bylaws which may have been adopted subsequently by the general meeting of the co-owners in order to determine if there is a bylaw governing moving in and out of the building. The content of this bylaw, if one exists, can impose rules and duties on a co-owner who chooses to rent his condo to a tenant, such as the obligation, and the time limit to to do so, to inform the Board of Directors of the planned date for on which the tenant will move in, as well as the need to reserve the use of the elevator if it is necessary.

In certain cases, the bylaw will specify that the unloading of the moving van must be done at a specific location and that the tenant's effects must be transported through the underground parking garage, if there is one, and not through the building's lobby.

In certain cases, the moving bylaw oblige a co-owner who rents his condo to pay certain fees to the Syndicate when the latter incurs extra costs connected to the moving activities, such as overtime paid by the Syndicate to the superintendent or the caretaker for work to manage and supervise the moving operations for the time they take. In addition, their time may be required time to accompany the movers through the building in order to ensure that their are no incidents or undue disturbance of the the other co-owners. In other cases, additional work by the superintendent may be required to protect the premises against damage, such as through the installation of protective padding inside the elevator.

Normally, the declaration of co-ownership will specify that it is the co-owner concerned who must pay these additional expenses, and not the tenant. In the majority of cases these expenses will be payable in advance to the Syndicate of co-ownership.

In certain cases, the bylaws will require a co-owner to deposit a sum of money with the Syndicate in partial guarantee against damage to the common portions of the building caused by the tenant or the movers on the moving day. If things go smoothly and without incident, the bylaw will require the Syndicate to refund the co-owner once it is satisfied that there has been no damage to the common portions, such as the walls, the floor coverings, the door frames, etc. It is important to realize that if there is any damage, the Syndicate can take action against the co-owner-landlord for the cost of repairing the damage caused, because the co-owner is liable for the the material costs of his tenant's actions, or anyone action on their behalf, such as the moving company. In absence of any stipulation to the contrary, the amount given as damage deposit doesn't constitute a limit to the co-owner's financial liability, and the co-owner bears full responsibility for the costs of the damage caused to the building, subject to them making a claim against the tenant.

We hope that your new tenant moves in without incident.

About the author

Me Kevin J. Lebeau, avocat

Diplômé de l'Université McGill (B.A.) et l'Université de Montréal (LL.B.), Me Lebeau est membre du Barreau du Québec depuis 2000.

Depuis 2001, il a exercé en droit immobilier avec concentration en droit de la copropriété dans plusieurs contextes, dont en milieu d'association, en société et en contentieux d'entreprise au sein d'une firme de gestion se spécialisant dans la gestion des copropriétés divise, Gestion Immobilière Ges-Mar Inc. Me Lebeau est également conseiller juridique aux membres d'Avantages Condo.

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