Definition : Lease - Resiliation

Act by which a lease ceases to be in force for the remainder of its term. It can occur when the lessee does not respect his obligations: failure to payrent, no n-compliance with the by-laws of the immovable. Article 1079 of the Civil Code of Quebec provides that " The syndicate may demand the resiliation of the lease of a private portion ,after notifying the lessor and the lessee , where the non-performance of an obligation by the lessee causes serious injury to a co-owner or other occupant of the immovable ".

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A trend towards the rental of units held in divided co-ownership has manifested itself in recent years in large urban centres as well as resort centres. Although renting a property is a recognized right for a co-owner, he must know the rules applicable in this matter. The law and the declaration of co-ownership list the obligations to which tenants and co-owners-lessors commit themselves when they sign a lease, such as compliance with the by-laws of the immovable. Some of these obligations can cause the resiliation of the lease if they are not respected!  
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We are concerned about the comings and goings of strangers in our building. This concern is all the more justified by the fact that some of our co-owners rent without right, for short periods, to travelers (Airbnb-type rental). Question: Can the Board of Directors ask to see a tenant's id in order to certify that he is who he claims to be?
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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.
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