- Lessee (Tenant) : Eviction
Definition : Lessee (Tenant) - Eviction
Process by which the owner (lessor) asks the court to order the lessee to relinquish the possession of the leased premises (e.g. an apartment), in order that he may recover its full enjoyment.
Afflicted with a health issue, you want to move to an apartment closer to your daughter, which is fitting, given that a unit in her condo building is for sale. However, this unit is rented. During a visit to the premises, the tenant informs you that he has no intention of leaving, claiming a right to stay there for life. At least, for as long as he wants to.
On the other hand, the seller tells you that the tenant will have to leave the unit upon receiving a notice of repossession. Intrigued by the tenant's statement, you take time to interview several people to verify this "lease for a lifetime" matter. The answers provided reassure you: if it is sent six months before the planned repossession date, the notice of repossession should allow you to take back the apartment.
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 identity card in order to certify that he is who he claims to be?
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Comment gérer le locataires d'une copropriété? Quels sont les devoirs d'un copropriétaire bailleur? Est-ce que les administrateurs peuvent intervenir, afin de rappeler à l'ordre des locataires qui ne respectent pas le règlement de l'immeuble? Cette webradio répond à toutes ces questions, et à bien d'autres.
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.
The declaration of co-ownership defines the modalities of living together. It is binding on the co-owners and, in principle, the occupants and tenants of the building. It is up to the Board of Directors as soon as it becomes aware of it, to enforce its content, and, if necessary, to give formal notice to the co-owner at fault to cease any violation of the declaration of co-ownership. Failure to do so may, the members of the Board may, in some cases, be held liable toward the co-owners. Anyone who does not comply with it is liable 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.
A co-owner may be at home in his apartment, but the use he makes of it must comply with what is prescribed in the declaration of co-ownership. However, short-term rentals such as Airbnb's are sometimes prohibited if the declaration of co-ownership expressly indicates it or if the destination of the building is exclusively residential. This document may contain provisions prohibiting non-residential activities in the immovable. In order to ensure the well-being of the people who live there, it may be necessary for the syndicate to impose sanctions on co-owners or tenants who violate the by-laws of the immovable. He may even have, on certain occasions, to resort to the court to assert the rights of all the 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.
Be careful, however, there are some pitfalls and if you are not careful your investment could quickly prove unsuccessful. This is the reason why you need to follow a few steps before, especially if you are a real estate owner for the first time.