Housing and property law is an area that concerns a majority of the Quebec population.
Almost half of the total number of households in the province live in rental apartments while the other half very often find themselves on the owner's side of the relationship. Thus, all parties involved should be aware of the laws regarding landlords and tenants and their rights and responsibilities.
Anyone who is experiencing difficulties with their tenants or landlord for a rented apartment should have the same recourse: consult a lawyer in tenancy law without delay. This will prevent the disagreement from escalating into a neighborhood dispute.
In addition, if the case should end up before the Tribunal administratif du logement (rental board), you would have taken the first steps towards resolving the problem! Ask JuriGo to help you find a lawyer to solve your housing problems.
What cases do lawyers represent under the housing law?
Of course, a housing lawyer represents you as soon as a case is brought before the Tribunal administratif du logement, whether you are the tenant or the landlord. However, representation does not constitute the entirety of their services as they can advise you in all areas of the housing and property law.
The termination of the residential lease is one of the main services offered by lawyers. Breaking such a contract is not as easy as it seems, however, and justifiable reasons must be invoked on the part of the tenant or the landlord for the termination.
As far as the landlord is concerned, the most significant reason that allows him to terminate a tenant's lease is when the latter can no longer pay his rent, is tardy in his rental payments, or when the landlord suffers as a consequence of the tenant’s delays in payment.
Situations of automatic termination are also set up under the law which provides that a tenant will be justified in requesting the termination of his lease if the dwelling is unfit for occupancy due to the negligence of the landlord. However, this still requires the intervention of the court!
Contesting a rent increase is also a situation justifying the assistance of a lawyer. The notice of increase must be sent at the same time as the notice of renewal of the lease, and it is at this time that the tenant can contest the stipulated increase. In such a case, it is up to the landlord to contact the Tribunal administratif du logement to submit an application for amending the rent.
A default in the payment of rent is part of the landlord’s grounds for lease termination if the tenant is several weeks late. An application must be submitted to the rental board and, when successfully completed, the tenant can be evicted.
On the other hand, if the landlord harasses a tenant, serious consequences are provided by the law to condemn such behavior. Indeed, article 1902 of the Civil Code of Quebec specifically provides for punitive damages if the landlord is found guilty of harassment or disturbing the tenant’s right to peaceful enjoyment of the premises.
If an appeal is presented to the Tribunal administratif du logement**,** it is better to appear before the board with a case duly prepared by a lawyer specializing in housing law. This is just as true whether you a landlord or tenant!
Is the residential rental lease you signed valid?
A residential lease is a contract. However, since it serves to provide the conditions under which a tenant will stay and those under which the landlord will be paid, specific legal conditions are provided to make such an agreement valid.
The first condition of validity concerning a residential lease is that it must be written in French (unless otherwise agreed) and using the form provided by the Tribunal administratif du logement. This form stipulates all of the clauses of the lease contract which must be fulfilled by the tenant and the landlord.
A copy of the lease must be given to the tenant at the time of signing. If a modification is made to an existing lease, the landlord is required to submit an application indicating the requested changes.
Is a verbal lease be valid? While we have just explained the obligation to draw up a lease using the Tribunal administratif du logement form, it does not mean that a lease cannot be concluded verbally.
The law describes this as a "lease by tolerance", having the effect of creating obligations on the side of both the landlord and the tenant. In particular, in a verbal lease of indefinite duration, the tenant can terminate it by giving 2 months' notice.
Can certain clauses in your lease be invalid? Even when using the TAL form, it is not improbable for a clause to be invalid due to its abusive nature. Some examples taken from practice are the clause prohibiting subletting, that authorizing the landlord to claim all the remaining months of the rent in the event of default, as well as the limitation of liability clauses on the landlord's side.
Do you have questions about the validity of your residential lease? Has a disagreement occurred between you and your landlord? Don’t let a dispute drag on between you and your landlord and consult an experienced real estate lawyer now!
What are the obligations of the landlord in terms of the housing unit?
A contract such as a residential lease is qualified as “bilateral” for a reason: it creates obligations for both the tenant and the landlord. The best way to prevent disputes between tenants and landlords is to know each other's obligations!
Providing a copy of the lease is the first fundamental obligation that every landlord should be aware of. If you think this is simply an insignificant formality, think again; in the event of a problem before the Tribunal administratif du logement (TAL), failure to submit a copy of the lease could have serious consequences.
As the owner must provide suitable accommodation for the dwelling, he is also required to carry out urgent and necessary work, all at his own expense. Indeed, tenants are not required to pay for any work and when they do so due to an emergency, they are entitled to a reimbursement for the work done.
Providing the peaceful enjoyment of the premises is the most basic obligation of the landlord but it is, nevertheless, often neglected. It simply means leaving the tenant alone by visiting the premises only when necessary to carry out work or at the request of the tenant.
If peaceful enjoyment is disturbed to the point of harassing the tenant, damages can even be claimed from the landlord.
Does a new landlord have the right to evict a tenant? No, even if the property is sold to a new owner, the housing situation of the tenants should not be affected since they retain their right to remain on the premises.
A new landlord is required to respect the current leases in his property. He can try to negotiate an agreement to end the lease but they are under no obligation to accept. However, a new landlord can repossess the accommodation if he complies with the legal mechanism provided for this purpose.
Your obligations as a tenant with a rental lease
A lease is a two-way street- tenants also have obligations to respect in terms of their housing unit. The first of these is obviously to pay the rent according to the agreed amount and time. Unless you have agreed on a different time, rent is due on the 1st of each month!
Using the accommodation in accordance with the lease is also part of your obligations as a tenant. This means that if you signed a lease for residential purposes, using it for your small business or for commercial purposes is a violation that could cause a conflict with the landlord.
Another obligation incumbent upon you as a tenant is that of maintaining the condition of the unit and returning it in the condition it was received. This implies that it is your responsibility to prevent the deterioration of the dwelling, to make minor repairs when you cause damage, and to undertake maintenance so that the landlord can get back the dwelling in the same condition as provided to you.
Are you complying with your obligations as a tenant but your landlord is still giving you a hard time? Consult a tenancy lawyer without further delay to put an end to these unwarranted troubles!
JuriGo can find a tenancy lawyer for you!
Non-payment of rent, refusal to vacate the premises, damage to property, and other similar problematic situations must be dealt with in the right way, that is, by making use of the housing and property laws in force.
As these very often protect the tenant's right to stay on the premises, balancing the rights of the tenants and the landlord requires a certain amount of delicacy.
It is precisely for this expertise that you must consult a lawyer specializing in housing law as soon as possible!
With his concrete legal experience, he is at your disposal to help you, whether you are on the tenant or landlord side of the dispute!
Ask JuriGo to find your tenancy lawyer without delay. Our referral service is free and without any obligation on your part!