On October 8, 2025, the Court of Quebec, presided over by the Honourable Judge Luc Huppé, rendered an important decision for syndicates of co-owners employing a live-in concierge. In Syndicat des copropriétaires de Loggia II v. Mokriak (2025 QCCQ 5173), the court confirmed that an employer may terminate a lease accessory to an employment contract when the employee ceases to be in its service, in accordance with Article 1976 of the Civil Code of Quebec. This article provides that, unless otherwise stipulated in the employment contract, one month’s notice must be given.
This decision therefore clarifies the syndicate’s rights when the housing provided is directly linked to the concierge’s employment. The judgment reiterates that housing made available to an employee by the syndicate, within the framework of their duties, does not constitute an ordinary lease but rather an accessory benefit to employment. Thus, when the employment relationship ends, this benefit ceases automatically.
The facts: refusal to vacate the premises after termination
The Syndicat des copropriétaires de Loggia II, a residential building in Montreal, terminated its concierge, Mr. Mokriak, for cause on April 2, 2024. The employment contract signed a year earlier expressly stated that the end of employment would terminate, after ten working days, the right to occupy the housing provided by the syndicate.
However, despite receiving notice of dismissal, Mr. Mokriak refused to leave the premises, forcing the syndicate to hire bailiffs and security services to protect the building. This refusal caused various expenses and inconveniences, including the inability to immediately hire a new live-in concierge.
After several steps, Mr. Mokriak finally vacated the premises on June 3, 2024—more than a month after the contractual deadline. Moreover, the unit had been left in poor condition, requiring repairs and a change of locks.
The court’s decision
In his judgment, Judge Luc Huppé found that the employment contract expressly provided for the termination of the right to housing ten working days after the end of employment and that this stipulation was valid under Article 1976 C.c.Q., which allows the enjoyment of housing to be tied to employment. The judge determined that the syndicate had acted in accordance with its obligations by giving sufficient notice and respecting the contractual timelines.
The court also emphasized that Article 1890 of the Civil Code of Quebec requires the tenant to return the dwelling in good condition and repair at the end of occupancy. Failure to comply justifies reimbursement of the expenses incurred by the syndicate for restoring the premises.
Given Mr. Mokriak’s wrongful conduct, the court ordered him to pay $6,324.86 to the syndicate, representing the costs incurred for:
A clear message for syndicates
This decision reminds syndicates that their employment contracts must clearly specify the accessory nature of the housing provided to a concierge or any other live-in employee. Such a clause helps prevent disputes and facilitates recovery of the dwelling upon termination of employment.
It is equally essential that the termination and notification process be carried out rigorously, as the court will ensure that the employee’s rights are respected while confirming the validity of the connection between employment and housing.
For co-ownerships, this case illustrates the importance of sound administrative governance and proper legal follow-up to ensure that contracts and procedures are unambiguous and compliant.
Key takeaways
Judge Huppé’s ruling provides welcome clarification in an area where the relationship between employer syndicate and live-in employee can often be misunderstood. By qualifying the housing as an “accessory lease,” the court clearly distinguishes this type of occupancy from a standard residential lease governed by the Act respecting the Administrative Housing Tribunal.
This decision is consistent with Quebec jurisprudence recognizing the syndicate’s authority to manage employment-related benefits in accordance with the Civil Code of Quebec. It will serve as a practical reference for directors and property managers of co-ownerships facing similar situations.
WHAT YOU SHOULD KNOW! Housing provided to an employee by a syndicate of co-owners does not constitute a standard lease but an accessory benefit to employment. When an employee is dismissed, this benefit ends on the date provided in the contract or within one month, as stipulated by Article 1976 C.c.Q.
WHAT TO KEEP IN MIND: The clause stipulating that the lease ends upon termination of employment is valid and compliant with Article 1976 C.c.Q. The syndicate may therefore repossess the housing without undertaking a full eviction process before the Administrative Housing Tribunal, provided the link between employment and housing is clearly established.
WARNING! A poorly drafted or improperly notified termination may delay recovery of the premises and result in significant costs. Before taking action, it is strongly recommended to consult a lawyer.
