Commercial lease: unpaid rent for a commercial lease, how to avoid a nightmare -
Commercial lease: unpaid rent for a commercial lease, how to avoid a nightmare

Commercial lease: unpaid rent for a commercial lease, how to avoid a nightmare

Many landlords who have rented commercial premises have shown a lot of patience in recent months due to the pandemic.

Several landlords have agreed to participate voluntarily in the various government programs and have agreed to give up a portion of their tenants’ rent for a certain period of time in order to receive a government subsidy.

Read more

By Martin A Messier.

Legal

  • The Tribunal administratif du logement terminates the lease of a tenant who does not comply with a ban on smoking in the dwelling -

    The Tribunal administratif du logement terminates the lease of a tenant who does not comply with a ban on smoking in the dwelling

    The landlady asks for the termination of the lease, the eviction of the tenant and provisional execution despite the appeal. The lease between the parties is from October 1, 2020 to September 30, 2021 at a monthly rent of $1571. An annotation to the lease states: “The building is a 100% smoke-free environment from cigarettes and cannabis (apartment, balcony, terrace).” The initial lease signed in 2018 with the previous tenant also had a smoking ban in the dwelling, on the balcony and the indoor and outdoor common areas.

Legal

  • The new 45-day deadline and the closed files -

    The new 45-day deadline and the closed files

    Is it possible to ask the Tribunal du logement to be relieved of a defect?

    Since September 1, 2020, the government has not only changed the name of the Régie du logement to “Tribunal administratif du logement,” but it has added several more restrictive and mandatory rules, taking by surprise several owners of income buildings in recent months. Several of them had their files closed for failing to comply with these same rules.

Legal

  • Eviction: ignorance of the law can be costly -

    Eviction: ignorance of the law can be costly

    It can never be said enough, the tenant has a right to remain in the premises. That is to say, it is not so simple to terminate his lease, even at its end, because he is entitled to a renewal. Let it be said, if a tenant refuses to leave at the end of his lease, following an agreement to that effect or even following a decision of the Tribunal terminating his lease, we cannot limit ourselves to taking the tenant's property out of the dwelling simply because the lease is “terminated.” Such a practice is tantamount to taking the law into one's own hands and may constitute an infringement of the tenant's rights and lead to an order to pay damages.

    Although you are the owner of the rented dwelling, if you have chosen to rent it as a housing to someone, you should know that henceforth, the Charter of Human Rights and Freedoms protects him or her in the event of intrusion into the dwelling, by the following sections in particular

Word of the editor

  • Non-payment of rent: on your marks, ready, go! -

    Non-payment of rent: on your marks, ready, go!

    Landlords have tight deadlines. Many who have just purchased their buildings realize how important financial planning and regular cash inflows through the tenants’ rent deposits are. In a market that has become agitated, favouring upward transactions and often with reduced room for manoeuvre, the main expenses of the building are often immutable or almost static.

    Taxes, insurance, energy costs, etc... leave little hope of reduction of these costs for rental property owners looking to improve the financial performance of their building. Income must therefore be as stable as possible, landlords must thus ensure that they make a good selection of tenants, which is of prime importance to avoid situations of non-payment of rent and conflicts as much as possible.

Legal

  • Clothes do not make the man is an adage that also applies to contracts -

    Clothes do not make the man is an adage that also applies to contracts

    As much as the fact of signing a rental housing lease contract on a “homemade” form of one page does not exclude it from the jurisdiction of the Tribunal administratif du logement -Administrative Housing Tribunal, as much the opposite is true. Although a contract is signed on the mandatory lease form, it is possible in the end that the use one makes of it can be described as “commercial”.

More news

Real-estate

Building permits, November 2017 -

Building permits, November 2017

Source: statistique Canada

The value of building permits issued by Canadian municipalities declined 7.7% to $7.7 billion in November, the first decrease in three months. Nationally, the value of permits for all building components declined, with the exception of single-family dwellings.

Canadian housing starts trend stable in December -

Canadian housing starts trend stable in December

Source: SCHL

The trend in housing starts was 226,777 units in December 2017, compared to 226,178 units in November 2017, according to Canada Mortgage and Housing Corporation (CMHC). This trend measure is a six-month moving average of the monthly seasonally adjusted annual rates (SAAR) of housing starts.

“Despite the variation in activity across the country, the national trend in housing starts held steady at its highest level since 2008,” said Bob Dugan, CMHC’s chief economist. “Apartment starts in urban centres were up 6.2% in 2017 compared to 2016.”

Legal

The Tribunal administratif du logement terminates the lease of a tenant who does not comply with a ban on smoking in the dwelling -

The Tribunal administratif du logement terminates the lease of a tenant who does not comply with a ban on smoking in the dwellingArticle locked

The landlady asks for the termination of the lease, the eviction of the tenant and provisional execution despite the appeal. The lease between the parties is from October 1, 2020 to September 30, 2021 at a monthly rent of $1571. An annotation to the lease states: “The building is a 100% smoke-free environment from cigarettes and cannabis (apartment, balcony, terrace).” The initial lease signed in 2018 with the previous tenant also had a smoking ban in the dwelling, on the balcony and the indoor and outdoor common areas.

The new 45-day deadline and the closed files -

The new 45-day deadline and the closed filesArticle locked

Is it possible to ask the Tribunal du logement to be relieved of a defect?

Since September 1, 2020, the government has not only changed the name of the Régie du logement to “Tribunal administratif du logement,” but it has added several more restrictive and mandatory rules, taking by surprise several owners of income buildings in recent months. Several of them had their files closed for failing to comply with these same rules.

Regulation

Subletting in an HLM (Low Rent Housing)? -

Subletting in an HLM (Low Rent Housing)?

In Paris, France, a tenant was punctually subletting part of her housing with Airbnb while the regulations forbade it.

Madame challenged her eviction explaining that if she subleased her housing on Airbnb, it was because of financial difficulties related to the amount of her income (« 2250 euros per month »), while the Régie Immobilière (Real-Estate Board) of the City of Paris replied that she has « a salary of 2289 euros, alimony, and a family-support allowance, in respect of a rental rate representing less than a third of her income, i.e. a disposable income of 1,000 euros ».

But if a tenant who benefits from social housing wants to sublet this dwelling, does he have the right to do so?

Remember to file your RL-31 slips by February 28 -

Remember to file your RL-31 slips by February 28

Source: Revenu Québec

If you own a residential complex, you have until February 28 to give your tenants and subtenants their RL-31 slips and file the slips with us. To prepare the slips quickly and easily, use the Prepare and View the RL-31 Slip online service