Definition : Lessee (Tenant) - Rent

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.

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.   Civil liability 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 declaration of co-ownership includes the set of rules ensuring the efficient organization of a co-ownership. Its knowledge by the members of the board of directors and by each co-owner is essential to the proper operation of the co-ownership. This co-owners reference document is consulted, for example, in the case of work. For a promisor-buyer, the declaration of co-ownership contains a wealth of useful information regarding the conditions of use and enjoyment of the private and common portions. Hence the necessity of reading this document before buying, to avoid unpleasant surprises, especially as to the use one intends to make of his private portion.

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.