Residential rental
Our office specializes in housing law, more particularly in the context of housing communities, such as cooperatives, co-ownerships and housing non-profit organizations.
Almost 40% of Quebec households live in rented accommodation, a flexible and practical way of living that allows them to reside in urban centers at generally affordable costs. A large part of the Quebec and Canadian population is made up of tenants, and their rights and obligations are provided for in the lease, the residential rental contract.
The rights of tenants and lessors are governed by the Civil Code of Quebec. The legal deadlines and the validity of the notices to be exchanged between a landlord and its tenant require to be diligent and quick in carrying out the mandates that you entrust to us. It’s important to protect your rights and to sanction the other party’s outstanding obligations, whether the other party is your tenant or your landlord.
Since 2020, the rules of procedure of the Administrative Housing Tribunal, have been modified in the hope of making the proceedings more efficient and ensuring their expeditiousness. Our office will put its extensive experience in the matter to the benefit of your files, to carry them out and to your satisfaction.
Judilex Avocats - Your rights, our expertise.
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assert the rights of landlords and tenants at the Administrative Housing Tribunal.
get payment of the rent arrears owed to you by your tenants.
advise you on the rights and obligations of tenants or your landlords.
represent your interests in any administrative or legal dispute.
revise your building regulations and any annex to the rental lease.
represent you in any litigation involving contractors and other third parties.
act as mediator in any dispute between a tenant and his landlord.
Every building owner knows it well: municipal bylaws can be modified, canceled, replaced by others, without necessarily informing you each time. Faced with this reality, it is always useful to remember that your building can however benefit from acquired rights.
Unpleasant surprises can arise after the purchase of a property. Hidden defects are quite common and require the buyer to make a good decision, without delay. Reminder of what to do then.
In 2021, the Administrative Housing Tribunal rejected the request to evict a tenant from a housing cooperative, under a clause of departure from the dwelling. A look back at this decision, which questions the validity and application of the departure clauses in some situations.
On July 21, 2021, a draft regulation amending the Regulation respecting mandatory lease forms and the particulars of a notice to a new lessee was published in the Gazette officielle du Québec. Several modifications to the mandatory leases of the different types of housing are indicated there.
The condominium associations (syndicates) are required to comply with several obligations in the insurance of their buildings: here is a reminder of these main obligations, in force since April 15, 2021.
In a unanimous judgment, the Quebec Court of Appeal said that the silences of the declaration of co-ownership cannot be interpreted by the courts without taking into account the presumptions imposed by law, and without evidence to the contrary that could rebut these presumptions.
In 2018, the rules governing the insurance of your condominium were widely revised following the adoption of Bill 141. This revision was based on the work of committees dedicated to insurance reform into condominiums in Quebec since 2011 …
When an employer has to terminate an employee's permanent contract, the factual circumstances will be decisive in order to manage this dismissal appropriately. They are also used to assess the reasonable notice that may be due to this employee.
On December 5, 2019, Bill 16 was passed by the National Assembly. From January 10, 2020, a series of new important obligations will have to be respected by the co-ownership syndicate in the management of its building.
Adopted on November 5, 2019, Bill 36 amends the Companies Act applying to provincial NPOs. This act now allows for remote decision-making and voting at meetings of boards of directors and assemblies of members.
On December 5, 2019, Bill 16 was adopted by the National Assembly. Numerous changes are made to the proceedings rules of the Rental Board tribunal, framing demands filed by the parties with more severity.
In Quebec, the tenant has the right to maintain occupancy of their dwelling. However, this principle of housing law knows certain exceptions, one of which being the corporate and contractual nature of a housing cooperative.
All boards of directors are well aware of this: the powers and capacities that directors exercise are conferred on them by the assembly of members of their non-profit organization (NPO) or their cooperative.
In addition to the other changes made to the law of co-ownership, the adopted Bill 16 modifies and specifies several rights and obligations of the co-owners meetings and syndicate, adding transparency to the management of your co-ownership building.
Since January 10, 2020, the date of entry into force of many changes made by Bill 16, the transactions of buyers of private condominium units have been better protected. Indeed, new obligations are imposed on the promoter-builder of a condominium.
Whatever the type of cooperative, members sometimes have to answer for their conduct before the board of directors. However, this disciplinary power must be exercised in accordance with the provisions set by sections 57 to 60.2 of the Cooperatives Act.
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