Residential Leases

Whether you are a property owner or a renter, it’s often a good idea to work with a Montréal real estate lawyer who haves extensive experience in residential leases. Your lawyer can ensure that your rights are protected and that you are fairly represented in any disputes that may arise.

I represent Montréal landlords and tenants regarding residential leases in several areas, including:

  • Advising on the relationships between landlords and tenants
  • Representations before the Rental Board and the Court of Québec
  • Applications for unpaid rent
  • Applications for cancellation of leases and evictions
  • Applications to fix the amount of rent
  • Applications to repossess rented dwellings
  • Applications to convert rented dwellings into condominiums
  • Applications for damages
  • Execution of judgments

Advising on Residential Landlord-Tenant Relationships

When you sign a lease, whether you are the landlord or the tenant, you are legally obligated to do certain things. A lease is a contract, and you will be held to it unless both parties agree or a judge rules otherwise.

As a residential lease lawyer serving Montréal and the surrounding communities, I can advise you on your obligations and help you ensure that you are operating under the umbrella of Québec law.

Representations Before the Rental Board and the Court of Québec

Should you need to appear before the Rental Board or the Court of Québec, I can help ensure that your side of the story is recounted and that your rights are protected throughout the entire process. Whether you are the landlord or the residential tenant in the case, I will follow the proper procedures to represent you.

Applications for Unpaid Rent on a Residential Lease

A case that involves unpaid rent can be extremely unpleasant. When a residential tenant is unable to pay or refuses to pay, the landlord is within his or her rights to seek a judgment against the tenant. In some cases, unpaid rent can lead to a forced eviction in which the tenant is ordered by a judge to leave the property and remove all of his or her belongings. I have represented many clients on both sides of this issue in Montréal, and if you find yourself in this situation, I may be able to help.

Applications for Cancellation of Leases and Evictions

A tenant has the right to request a cancellation of a residential lease in Montréal. Similarly, a landlord has the right to request an eviction. Application of the law to the specific circumstances of your situation will dictate if and when either party may make these types of requests.

It’s usually a good idea to consult with a lawyer before submitting an application for a cancellation of a lease or an application for an eviction to make sure that you are operating within the limits of the law; additionally, a lawyer can ensure that your side of the story is heard so that the appropriate judgment can be made.

Applications to Fix the Amount of Rent on a Residential Lease

A landlord may enter into a lease contract that fixes the amount of rent that a tenant will pay over the course of time that he or she intends to occupy the landlord’s space. However, when the time comes to increase the rent, the landlord has little discretion and must follow specific methods of calculation to increase the rent. I will submit an application to fix the amount of rent if, as a landlord, your increase has been contested. I can also represent you, as a tenant, if you have reason to believe that your rent has been raised unfairly.

Applications to Repossess Rented Dwellings

In order to repossess a rented residential dwelling, a landlord must follow a certain protocol. Repossessing a rental unit is different from an eviction in that the tenant does not have to violate the terms of the lease in order for a repossession to be ordered by a judge. In many cases, the landlord is fully within his or her right to repossess a rental unit, including incidences when he or she needs it to house immediate family or other relatives.

If you need to repossess a rented dwelling, I will file the appropriate application and make sure that your side of the story is put on the record. If you are a tenant, I will represent you to make sure that your rights are preserved.

Applications to Convert Rented Dwellings into Condominiums

As the owner of a rental property, you are required to file an application with the Rental Board if you wish to convert the dwelling into a co-owned, multi-family space or condominium. Your application must be filed within a certain time frame, which depends on when you intend to convert the property and whether you have tenants residing within it.

Because the procedure is complicated, it’s a good idea to consult a lawyer for help in preparing the application and for representation during the hearing. I have helped many past clients successfully apply to convert rented dwellings into condominiums, and I may be able to help you as well.

Applications for Damages to Residential Properties

Under Québec law, landlords may not collect a damage deposit—money that is to be used in the event that a rental dwelling is damaged during tenancy—or use a rent deposit to pay for damages. However, a landlord may ask the tenant to pay for the damages; if the tenant does not pay, the landlord can submit an application to the Rental Board to seek a remedy.

If you are a landlord with damaged property, it’s best to discuss your options with a lawyer before seeking relief from the Rental Board. In fact, it’s best to consult with a lawyer before you begin renting your unit so you are aware of what may be required of you if damage occurs.

A Montréal Residential Lease Lawyer with Your Interests in Mind

Many landlords and tenants choose to work with a residential lease lawyer in Montréal when they experience issues that require legal help, but you don’t have to wait until something goes wrong. Call me at (514) 381-3064, extension 204, and I can work to protect your rights from the start.