Definition : Right of retention

Right granted to a creditor allowing him to retain the debtor’s property that has been remitted to him and which is closely related to the performance of an obligation, until the debtor pays his debt. The right of retention may be exercised by a creditor, provided that the amounts due to him are related to the property he detains and that the debt is liquid and exigible. In certain circumstances, the co-ownership manager may exercise this right.

WARNING !The co-ownership manager, whether or not he is a member of a professional order, for example the Ordre des administrateurs agréés du Québec is required to act (with diligence) at the request of a client who wants to recover his retained property. This will be the case, even if a fee has not been paid. According to a judgment of the Court of Quebec (small claims division), issued in April 2021, the right of retention under the second paragraph of section 1369 of the Civil Code of Quebec is not part of the rights of an administrator (manager) responsible for the simple administration of the property of others.

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