Definition : Lease

An agreement whereby the lessor (landlord), for a certain period of time, provides a lessee (tenant) with the enjoyment of a private portion in consideration of the payment of rent. The lease usually includes the respective obligations of the parties as well as the terms and conditions of the rental. The co-owner-lessor must, before the signing of the lease, give his lessee a copy of the by-laws of the immovable and of their amendments. These by-laws form an integral part of the lease. In addition, the co-owner renting his private portion is compelled to inform the syndicate of co-owners thereof and to give to it the lessee’s name. The syndicate of co-owners may, after notice to the lessor and the lessee, apply for the resiliation of the lease of a private portion when the breach of an obligation by the lessee causes serious harm to a co-owner or other occupant of the immovable.

WARNING ! A co-owner who rents or lends his or her fractional co-ownership has his or her rights of use and enjoyment of the common portions exercised by his or her tenant or borrower. He cannot exercise these rights himself in addition to his tenant or borrower. He cannot, therefore, in addition to his tenant, have the right to use the common portions, such as the use of the swimming pool.

Related articles

{alt}

01/07/2024

Limits of renting in divided co-ownership

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 ownership right for a co-owner, he must know the rules applicable in this matter. The law and the declaration…...

Your Rights

01/07/2024

Tenant in divided co-ownership: 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…...

Your Rights
{alt}
lock
You need to have an account to read this article

27/04/2024

Can a co-ownership owner-landlord access our pool?

As a member of the board of directors of our co-ownership, I am concerned about the access rights to common portions for co-ownership owners who choose to rent out their units. One of our owners, who has recently rented out his apartment, wonders if he can continue to use facilities like…...

Management
{alt}
lock
You need to have an account to read this article

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
lock
You need to have an account to read this article

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

19/07/2020

The life lease and its consequences

2 mars 2023 - Afflicted with a health issue, you want to move to an apartment closer to your daughter, which is fitting, given that a unit in her condo building is for sale. However, this unit is rented. During a visit to the premises, the tenant informs you that he…...

Purchase