- Lessee (Tenant) : Lease
Definition : Lessee (Tenant) - Lease
An agreement whereby the lessor (landlord), for a certain period of time, provides a lessee (tenant) with the enjoyment of a private portion in consideration of the payment of rent. The lease usually includes the respective obligations of the parties as well as the terms and conditions of the rental. The co-owner-lessor must, before the signing of the lease, give his lessee a copy of the by-laws of the immovable and of their amendments. These by-laws form an integral part of the lease. In addition, the co-owner renting his private portion is compelled to inform the syndicate of co-owners thereof and to give to it the lessee’s name. The syndicate of co-owners may, after notice to the lessor and the lessee, apply for the resiliation of the lease of a private portion when the breach of an obligation by the lessee causes serious harm to a co-owner or other occupant of the immovable.
Contrary to other jurisdiction, Québec Law does not compel a lessee to subscribe “home insurance” which, in the event of a loss, covers his property and his civil liability. This “negative-obligation” becomes a problem if your lessee causes damages to a third party and he is not insured. In such cases, the declaration of co-ownership can hold you (the co-owner) solidarily liable for the damages he has caused.
Your lessee is liable for any damages he causes during the term of the rental. Civil liability insurance covers him against material damages or bodily harm he may inflict (unintentionally) to third parties, and against faults committed by persons he accommodates or lodges in his dwelling. This insurance also covers damages that his property may cause to third parties. For example, it will cover water damage to your apartment generated by an overflowing washing machine, and also in a neighbor’s apartment.
The law provides that a syndicate must keep a register at the disposal of the co-owners. In most cases the declarations of co-ownership list the items it contains. This register is the memory of the syndicate, and consequently, its archives. In is thus invaluable. Much more than a mere witness of the sound management of an immovable, it is its prime instrument. Therefore, preservation and access are the hallmarks of this register.
The declaration of co-ownership is binding upon the co-owners and, in principle, on the occupants and tenants of the immovable. It is the responsibility of the Board of Directors to enforce its content. By failing to do so, the members of the Board may, in some cases, be held liable toward the co-owners. Anyone who does not respect it is exposed to legal proceeding based in particular on article 1080 of the Civil Code of Quebec. This action may be brought by both a co-owner and the syndicate.
Even though a co-owner is at home in his apartment, its use should be in accordance with the prescriptions of the declaration of co-ownership. This document may contain provisions prohibiting any activities other than residential ones in the immovable. To ensure the welfare of its residents, it may be necessary for the syndicate to impose sanctions to co-owners or tenants who disregard the by-laws of the immovable. It may even, on occasion, petition the court to assert the rights of all co-owners.
The purchase of a condo leased to a third party is a frequent occurrence in the resale market. Save for an agreement to the contrary, nothing prohibits a co-owner lessor from selling and a purchaser of purchasing an apartment even though the tenant wishes to continue to reside in it.
The lease is attached to the immovable, not to the co-owner/ lessor. The lease will continue to be in force even if the unit is sold and the terms and conditions of the lease shall remain the same.
10 mai 2010- Vous êtes propriétaire d’un condo que vous avez loué. Le bail que vous faites signer à vos locataires n’interdit pas les chiens. Ces locataires vous informent qu’après leur promenade quotidienne avec leur chien, ils se sont fait avertir par certains copropriétaires que c’est interdit d’avoir des chiens dans l’immeuble et que c’est clairement écrit dans la déclaration de copropriété.
March 30, 2010- You wish to buy a condo to live closer to your daughter. Eureka, you learn that a unit is for sale in your daughter’s building. The said unit is leased. During your visit of the premises, the tenants inform you that they do not intend to leave since they have the right to remain in the apartment "for a lifetime".