- Lessee (Tenant) : Lessee (Tenant)
Definition : Lessee (Tenant)
Person who holds, under a lease agreement, the right to use a private portion (e.g. an apartment or a parking space) and the other rights of use attached thereto (e.g. the swimming pool or the training room) in consideration of the payment of an amount of money, i.e. the rent. His rights are limited to those available to the co-owner-lessor. The by-laws of the immovable are enforceable against the lessee, upon his being given a copy of the by-laws and of its amendments by his co-owner-lessor or, failing the co-owner-lessor doing so, by the syndicate. The lessees are subjected to the same legal rules as the co-owners.
The declaration of co-ownership is a contract that orchestrates and regulates the lives of co-owners, lessees and other occupants of the immovable. It represents the guideline for everyone who lives in the immovable.The declaration of co-ownership provides, systematically, that it is up to the board of directors to have its content abided to. However, it happens that people break the rules, in particular by a non-compliant use of a private portion with regard to the destination of the immovable, a noise nuisance and work carried out in violation of the by the laws of the immovable. Other examples illustrate the problems that can occur in the co-ownership, such as an encroachment on a common portion or the improper installation of a floor covering. Anyone who does not abide to the declaration of co-ownership is liable, inter alia, to a legal recourse based on article 1080 of the Civil Code of Quebec . This action may be brought by a co-owner or the syndicate.
Over time, there is several maintenance or improvement work that require the Syndicate to access Private Portions, and even sometimes, work to be executed inside Private Portions.
In order that such crucial work for the Syndicate of co-owners not be obstructed, Article 1066 of the Civil Code of Québec provides that no co-owner may interfere with the carrying-out, even inside its private portion, of work required for the preservation of the immovable, decided upon by the Syndicate or urgent work.
This obligation to allow said work is opposable not only to co-owners but also to occupants and tenants.
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.
January 14, 2019 - Quebec case law was further enhanced by a recent decision concerning co-ownership noise. The judgment, which deals with sensitive neighborhood annoyances issues was rendered by Honorable Luc Huppé, Court of Quebec Judge, sitting in the Small Claims Division.
This case established that a co-owners-lessor can be held responsible for neighborhood annoyances caused by their lessee. And that if they do not address the problem, they could be sued for damages and ordered to pay substantial amounts.
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.
A co-owner may be liable to the syndicate, the other co-owners and the occupants of the immovable. As stated in Article 1457 of the Civil Code of Québec, every person has a duty not to harm others. As a co-owner, you must be careful and abide to the appropriate rules of conduct in accordance with the context and circumstances. Otherwise, you engage your civil liability and are required to remedy (financially third parties for moral or property damage and personal injury.
Je suis copropriétaire-locateur et je loue mon unité de condo à un couple depuis 1 an. Ils ne m'ont pas payé les deux derniers loyers. Que dois-je faire : envoyer une mise en demeure, appeler un avocat? Quelle instance est compétente pour entendre les litiges entre copropriétaire et locataire?
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