Definition : Lessee (Tenant)

Person who holds, under a lease agreement, the right to use a private portion (e.g. an apartment or a parking space) and the other rights of use attached thereto (e.g. the swimming pool or the training room) in consideration of the payment of an amount of money, i.e. the rent. His rights are limited to those available to the co-owner-lessor. The by-laws of the immovable are enforceable against the lessee, upon his being given a copy of the by-laws and of its amendments by his co-owner-lessor or, failing the co-owner-lessor doing so, by the syndicate. The lessees are subjected to the same legal rules as the co-owners.

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01/04/2023

Tenant in divided co-ownership: what are the applicable rules?

In a co-ownership, some dwellings may be inhabited by the co-owners and others by tenants through a lease contract. Buying to rent is a trend that has emerged for several years in large urban centers as well as resort centers. It is therefore very common for tenants to seek contact…...

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24/06/2022

Location en copropriété divise: la discrimination est en principe interdite

Je suis propriétaire locateur d'unités de condo. Le syndicat de la copropriété a voté récemment un règlement pour facturer au propriétaire des frais lorsqu'un locataire emménage ou déménage. Bien que ces frais soient élevés, est-ce qu'un recours pourrait être possible si toutefois ces frais augmentaient au point d'être abusif (disons…...

Your Rights
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18/09/2021

Renting in divided co-ownership: its limits

In recent years, there has been a trend towards renting units held in divided co-ownership in large urban centres as well as in resort centres. Although renting a property is a recognized right for a co-owner, he must know the rules applicable in this matter. The law and the declaration of…...

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09/08/2022

Can we ask to show a tenant’s identification documents?

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 id…...

Management

11/10/2020

Webradio du 7 octobre 2020: Les locataires en copropriété

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....

Your Rights

05/09/2020

Webradio du 2 septembre 2020: La location de type hôtelière (Airbnb)

Un nouveau règlement entré en vigueur le 1er mai 2020 fait en sorte que dorénavant, si la déclaration de copropriété est muette à propos de la location de type hôtelière (par exemple Airbnb), un copropriétaire devra demander la permission au conseil d'administration, s'il veut s'adonner à cette activité dans son…...

Syndicate

17/07/2020

Enforcing the declaration of co-ownership

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…...

Your Rights

08/07/2020

Lessee’s insurance

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…...

Insurance

16/07/2019

Syndicate’s Work in Private Portions

Over time, there is several maintenance or improvement work that require the Syndicate to access Private Portions, and even sometimes, work to be executed inside Private Portions. In order that such crucial work for the Syndicate of co-owners not be obstructed, Article 1066 of the Civil Code of Québec provides…...

Work
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15/06/2019

Register and archives of the co-ownership

Optimal management of a co-ownership is rooted in the meticulous keeping of a register and so, in accordance with article 342 of the Civil Code of Québec; this register, partially accessible to co-owners, contains vital information for the proper functioning of the co-ownership such as the contact details of the co-owners as well…...

Management

09/08/2022

$ 15,000 award to a co-owner victim of noise

  January 14, 2019 - Quebec case law was further enhanced by a recent decision concerning co-ownership noise. The judgment, which deals with sensitive neighborhood annoyances issues was rendered by Honorable Luc Huppé, Court of Quebec Judge, sitting in the Small Claims Division. This case established that a co-owners-lessor can…...

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09/08/2022

Additional insurance premium: can we blame the offending co-owner?

A co-owner has repeatedly caused several water damages  in our building, due to his negligence. This resulted in a surcharge for the syndicate's insurance.   Question:  Can the board of directors claim the full amount from the co-owner who caused the loss?...

Insurance

12/08/2017

Eligibility and Abilities

The members of the board of directors play a key role in the co-ownership: they must be involved in the life of the building to ensure the proper management of the co-ownership and the well-being of the co-owners. Usually appointed by the Meeting of the co-owners, the director is a…...

Syndicate
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14/01/2017

Abiding to the declaration of co-ownership

The declaration of co-ownership defines the terms and conditions of living together. It applies to the co-owners and, in principle, to the occupants and tenants s of the building. It is up to the Board of Directors, as soon as it becomes aware of it, to ensure that its content is…...

Syndicate

09/08/2022

Rights and remedies

Even though a co-owner is at home in his apartment, its use should be in accordance with the prescriptions of the declaration of co-ownership. This document may contain provisions prohibiting any activities other than residential ones in the immovable. To ensure the welfare of its residents, it may be necessary…...

Your Rights

12/02/2015

The liability of the syndicate

Like any other natural or legal person, a syndicate of co-owners is susceptible to incur civil liability. This may be called into question during the execution of work in the common portions, as soon as a resident of the building or any other person in its environment experiences damage, direct…...

Work
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28/02/2011

Conduct of the meeting of co-owners

One of the essential moments of co-ownership is undoubtedly that of the meeting of co-owners. It is during this meeting that major decisions of the co-ownership are voted, such as the carrying out of certain works, the sale of a common portion and the modification of the declaration of co-ownership.…...

Syndicate

04/10/2010

Purchase of a leased apartment

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.…...

Purchase
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30/03/2010

Co-owner's liability insurance

A co-owner may be liable to the syndicate, the other co-owners and the occupants of the immovable. As stated in Article 1457 of the Civil Code of Québec, every person has a duty not to harm others. As a co-owner, you must be careful and abide to the appropriate rules of…...

Insurance