Renting in Québec: La Régie du logement

What is the Régie du logement ?

Translated literally, and in the vernacular, La Régie du logement du Québec is the Quebec Rental Board. Here is a little definition excerpt to illustrate what the significance of it is:

“The Régie du logement is a specialized tribunal that has competence in residential lease matters. Its mission consists in deciding the applications that have been submitted within the framework of simple rules of procedure that respect natural justice; in informing the citizens on their rights and obligations related to the lease so as to avoid that conflicts occur due to the ignorance of the law; in promoting conciliation between landlords and tenants.

The Régie also keeps a watch, in certain circumstances, on the conservation of the housing stock and, in those cases, makes sure that the rights of the tenants are protected.”

The Régie’s laws and regulations cover all principal/permanent residential rental premises, including; the lease of a room, Mobile home placed on a chassis and land intended for the installation of a mobile home. However, the legislation does not apply to the following: [Read more]

How to repossess your income property

You found an income property you like.

The place is perfect for you; great location, in fantastic condition. It’s fully rented with good paying tenants in long term leases. The revenues are good enough to cover all the expenses; including your own part of the mortgage….Because, after all, you are buying the place to move in. Right?

Living rent free, what a dream!

But wait a minute. Isn’t the building fully rented?

“Yes, but as the new owner, I can take back one of the units whenever I decide to” - You might be thinking.

Well, it doesn’t really work that way. You see, according to the Régie du logement:

“All tenants have the right to remain in the rental unit indefinitely as long as they respect the terms of the lease…”

How can you repossess one of the units, if there’s no problem with the terms?
Do you have to wait until someone decides to leave in order to move in?

Fortunately, the law also mentions…

“(However) the landlord may terminate the lease under certain circumstances.”

Now, that’s interesting >>

Montreal Cultural Properties Advantages & Obligations

Montreal has the highest concentration of historic monuments in Canada and more than 40,000 buildings are protected under provincial or municipal legislation. These buildings represent an exceptional collective heritage that the city’s administration is dedicated to protecting and promoting in various ways.

Photography: Caribb

Owners of classified buildings that are recognized as cultural property or located on a historic site, in the Mount Royal Historic and Natural District or in the Old Montreal historical district, must obtain authorization from the ministère de la Culture, des Communications et de la Condition feminine before carrying out alterations.

Owners who wish to modify the exterior of a designated monument or an immovable that is part of a heritage site must comply with the conditions applicable to the preservation of the specific elements of the building, as well as with the municipal by-laws. They must also first apply for a permit from the city.

These heritage buildings may benefit from financial assistance under a joint program of the city of Montreal, the ministère de la Culture, , des Communications et de la Condition feminine and the Société d’habitation du Québec. The by-laws concerning subsidies for the restoration and renovation of heritage buildings and for archaeological excavations was adopted for this purpose.

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The right of undivided co-owners to exclude a potential buyer

The buying of undivided co-ownerships is getting more popular in Montreal, specially in the Plateau area. And it’s quite understandable why. There are advantages over the divided co-ownership (condo), specially when talking about Condo fees.
When buying the undivided, this is an important piece of information to have, both for real estate agents, as well as buyers:

“A real estate broker or agent entrusted with the sale of a co-owner’s share in an undivided co-ownership property must know that the other co-owners have the right to exclude a potential buyer.

In this regard, it is important first to take a look at the indivision agreement that governs the relationship between co-owners. These agreements often require that a co-owner offer his share to the other co-owners before offering it to a third party, or provide for the other co-owners to be able to match the third party’s offer for this share, following the terms of the agreement. A seller who decides to ignore these terms exposes himself to legal action and potential liability for damages.

(…) Whether resulting from the indivision agreement or the Civil Code of Québec, it is important that the seller and any potential buyer be informed of the rights of the other co-owners and their impact on the transaction under consideration. In order to minimize the risks, it is recommended that a waiver of this right be obtained from the other co-owners as soon as the brokerage contract is taken up. This waiver should be drawn up by a lawyer. If it is not known whether such a waiver exists, it is suggested to make any promise to purchase conditional to the seller providing copy thereof to the buyer.”

Source : ACAIQ. Read the original article

Buyer’s Practical Guide

Highly recommended for first time buyers (and even the experienced ones!),
Keep up with new brokerage laws and stay informed in order to buy wisely.

This is a free buyer’s guide given by the Broker’s Association (ACAIQ) where you can learn valuable information that will increase your knowledge of a real estate transaction.

The Real Estate Brokerage BUYER’S PRACTICAL GUIDE. (Revised edition)
It comes in a PDF file, free to download and review.

Happy reading!