July 24, 2021

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Rising rent: Landlords are illegally banning leasing work

Etienne Lapoint was one of the tenants who hit the wall when he wanted to give up his lease. He found a new apartment that was very suitable for him a few weeks ago and wants to save the next tenant a big rent increase.

Since he has already renewed his lease for 2021-2022, there are two scenarios available to relieve him of his contractual obligations.

The first is the termination of the lease, which returns the residence to the owner. The latter will be free to choose a new tenant by starting a new lease. The second scenario is the lease allotment, in which he selects a candidate, and the owner agrees to take his current lease under the same conditions, above all, at the same price.

After reflection, Étienne Lapointe chooses a lease, even if it requires more formalities.

I know the issues, I know rents are rising in Montreal. So, I had to do my part to keep the rents affordable, He explains.

But he quickly faced opposition from his building manager. After failing the first time to send it by registered letter, ientienne decides to use bail to confirm whether the lease transfer notice has been received.

Of course, this whole process is a little stressful. I wish I could go easier, The literature student agrees.

On the phone, I mentioned to her that I was contacting her for a lease, which was deliberately kicked out of her page. Said : “We did not do that.”

An excerpt from:Etienne Lapoint, tenant

A few days after the bail was sent, Etienne received a letter from her manager Major repairs are required [son] Apartment and [son] Building Deny his request.

Instead, he was given a three-month lease to terminate his lease, and he was offered the option of offering the apartment to his candidate, but for one year, when there was never any question on Etienne’s side.

Ientienne Lapointe must go before the housing court to defend his right to grant the lease.

Photo: Radio-Canada / Yves Chartreuse

Mr Antoine Mornio-Senachel, a lawyer who specializes in housing law, confirms refusal to do a job for lease Not the right reason This argument Does not infringe the tenant’s right to grant the lease.

Lease quota, the right of all tenantsS

It is not uncommon for landowners to refuse lease work for bad reasons. Especially since we are in a heated environment of the real estate market, M Mornio-Seneca explains.

Many landlords, seeing the rise in rental market prices, want to avoid leasing work, which prevents rental prices from rising, he adds. Others prefer to avoid them because it prevents them from choosing their next tenant.

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The attorney therefore says that it is important for tenants to know their rights in matters of lease allocation.

Leaseholders should be aware that leasing is their right and cannot be denied unless there is a serious reason, such as the insolvency of that person or the bad history of the person who took the lease.

An excerpt from:Antoine Mornio-Senachel, a lawyer specializing in home law

When the reasons for refusing the job are not related to the candidate, the candidate is solid, [le refus du propriétaire] Will be rejected by the court, Promises the author of the book Residential rent.

What is the task of leasing?

The task of a lessee is to allow a lessee to relieve himself of the obligations associated with his lease, by transferring it to another person who will take it under the same conditions. Lease allotment is usually used when the tenant decides to vacate their rental accommodation permanently. The landlord cannot refuse to grant the lease without serious reasons.

What is a Supplement?

A supplement is often temporary. A lessee assumes responsibility for his lease by outsourcing his residence to a third party. Upon completion of the supply contract, the lessee may return to their apartment. The owner cannot refuse a supply without serious reasons.

What is Lease Termination?

Termination of the lease can take place at any time during the lease and the lease agreement signed between the lessee and the landlord can be terminated with the latter agreement.

Online Tenant Solidarity Movement

Over the past year, the average rent of all rental apartments in the Montreal metropolitan area has increased by 6%, the largest increase in almost 30 years, according to CMHC.

A spokesman for the Regiment des Committees Lajment et des Associations de Tenants du Quebec (RCLLQ), Maxim Roy-Alert, describes the impact of this price increase on the rental market.

This is really an important situation. I think we lost the war on affordable housing, he condemns. It is not normal for rents to increase by 5% or 6% per annum and inflation will be between 1% and 2%. Something is wrong!

Maxim Roy-Alert says it has noticed renewed interest from tenants in leasing allocations, as well as forming a united front against the event.

Clearly, at this point, there is a buzz around the lease allocation. Many tenants are eager in this way to find housing, show solidarity and fight against high rent increases.

An excerpt from:Maxim Roy Alert, spokesman for the Regiment des Committees Lajment and des Associations de Tenants du Quebec

Maxim Roy-Alert refers to it RCLALQ Wants to launch a campaign next year on the theme “Give me your lease” to let tenants know about this tool.

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Claudia Ledouk, manager of Facebook groups for mutual assistance among tenants, has also noticed a growing interest in lease allocation.

In front of Laurier Park in Montreal, a woman in green glasses and a dress is smiling.

Claudia Ledek, manager of several Facebook groups for mutual assistance and protection of tenants’ rights

Photo: Radio-Canada / Fanny Pussier’s Magnigol

This is one of the few tools that tenants have to deal with the rising rent and housing crisis at the moment., J’te cede mon underscores the bail group manager – the number of its members, which is 17,000, is constantly increasing.

We can now really see the effectiveness of these self-help groups. We need to reclaim our power as a lessee, and the most important thing for us is to be able to make a lease. […] So you have to use it as much as possible.

An excerpt from: Claudia Ledeck, Facebook group manager for mutual assistance and protection of tenants’ rights

“You have to keep it out”

Like Etienne Lapoint, Camille Bardot also faced opposition when she told her landlord that she wanted to change the lease after buying a condo elsewhere.

He vehemently opposed the lease allocation, he explains. He, when he did not agree, caused me stress to proceed.

Frustrated, she feels restricted in her rights and does not know what her help is. With costs and deadlines, I don’t want to go down big steps, She adds.

A young woman looks at the camera and smiles.  She posed in front of the entrance to the apartment.

Camille Bardot enjoyed living in her Montreal apartment. She wants the tenant who follows her to benefit at the same price.

Photo: Radio-Canada / Fanny Pussier’s Magnigol

Camille finally gave up the idea of ​​starting a lease allocation process.

However, he wants to protect the next tenant of his apartment from excessive rent increases. The solution? Leave him a copy of his lease so he knows how much his rent is.

The RCLALQ, He called on the government to establish a compulsory public and free rental register, and welcomed Camille’s insistence. Campaign Improve your lease Encourages this practice from mid-May.

I know this is a small scale gesture. But I decided to do this, and more and more, people know, the tenants are asking themselves real questions, whether they are really paying the price they are supposed to pay.

An excerpt from:Camille Burdo, tenant

Etienne, for her part, is determined to advance the lease allocation, even if it intends to do otherwise. He claims to have held a meeting at the Administrative Housing Tribunal. This is something important and I want to continue this struggle. I want to go all the way and respect my rights, He insists.

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His case will be assessed by a tribunal on June 30.

According to M Mornio-Senachal, the demands are general Asked in a hurry. In a few weeks, a solution to the dispute will be available, He promises. Fear of delays should therefore not discourage a tenant from undertaking leasing work.

You just have to be more discriminating with the help you render toward other people. But if we know we have the right to our side, it will be much easier to catch up!

An excerpt from:Claudia Ledeck, Facebook group manager for mutual assistance and protection of tenants’ rights

According to the CORPIQ, the right must be clarified

Hans Proulette, director of public affairs for CORPIQ’s property owners’ corporations, condemns the lease allocation movement with the aim of avoiding rent increases.

It is a form of tenant union. […] The movement contributes to the disappearance of rental homes because owners are being held hostage and are no longer interested in buildings controlled by tenants.

An excerpt from:Hans Prolette, director of public affairs for the property owners’ corporation

This initiative distorts the lease allotment, which should be a way for the lessee to relieve himself of his obligations to his landlord during the lease.

The CORPIQ representative stands in front of the association's logo and looks at the goal.

Hans Prolette, director of public affairs for the property owners’ corporation

Photo: Radio-Canada / Fanny Pussier’s Magnigol

He further states that “forcing a lease allotment” against the will of the owner is “unacceptable”. It is natural that when the prices of real estate, labor and landlords increase, landlords prefer to avoid leasing work in order to raise their rent “at market price”.

Hans Prolette believes that when a landlord agrees without penalty to terminate it before it expires, the lease should be barred. The law must be specified. There will definitely be a war in the courts one day or another, and CORPIQ will be a part of it., He promises.