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Procedure which consists in renting a private portion (e.g. an apartment, a locker or parking space ) to a person. We also talk about a lease contract. 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.
25/05/2024
The additional premium is a premium that is added to the existing premium. It results from a worsening of the risk or from the assumption of a new risk. This additional premium may be imposed during the course of a contract or upon its renewal. Risks are analyzed according to…...
28/04/2024
In our building, we have several co-owners who rent out their apartments. As members of the Board of Directors, we often find ourselves in meetings, discussing and questioning the specifics of their insurance obligations related to this rental activity. Questions arise: Are there any special insurance rules for condo owners…...
27/04/2024
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…...
08/07/2023
My tenant sublet his apartment for a period of one month. The board of directors demands that I pay a fine on the pretext that it is a short-term rental and that everything is prohibited in our condominium. However, the Civil Code of Québec gives any tenant the right to…...
01/04/2023
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…...
18/09/2021
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 right for a co-owner, he must know the rules applicable in this matter. The law and the declaration of…...
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09/08/2022
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…...
05/09/2020
Un nouveau règlement entré en vigueur le 1er mai 2020 fait en sorte que dorénavant, si la déclaration de copropriété est muette à propos de la location de type hôtelière (par exemple Airbnb), un copropriétaire devra demander la permission au conseil d'administration, s'il veut s'adonner à cette activité dans son…...
15/07/2020
The Internet spawned a collaborative economy. Web sites such as Airbnb allow co-owners to rent their apartments to third parties a few days a year. This accommodation formula, intended for travelers, sometimes generates substantial income. For this reason, some owners are tempted by these easy pickings. And they believe they…...
26/06/2020
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13/02/2020
6 février 2020 — Un copropriétaire de Québec a été condamné à payer quelque 15 000 $ à son syndicat, fruit d’une décision rendue par la Cour du Québec – Division des petites créances. L’homme en question louait son unité à court terme (location de type hôtelière), en contravention avec…...
30/07/2018
Le phénomène AirBnB a gagné en popularité au Québec, transformant la manière dont les logements en copropriété sont loués à court terme grâce à cette plateforme conviviale et accessible. Toutefois, il faut savoir que certaines déclarations de copropriété imposent des restrictions claires, voire interdisent totalement ce type de location, dans le but de…...
17/06/2017
Renting your apartment to tourists, exposes you to various claims. This could be the case in cases where it is recognized that you are legally responsible for a guest who injures themselves or has their personal belongings damaged or stolen during their stay in your apartement. While some short-term…...
09/08/2022
Even though a co-owner is at home in his apartment, its use should be in accordance with the prescriptions of the declaration of co-ownership. This document may contain provisions prohibiting any activities other than residential ones in the immovable. To ensure the welfare of its residents, it may be necessary…...
09/08/2022
An incompatible activity When the leased property is an apartment, the lessee must respect the by-laws of the immovable. However more often than not, tourists renting a condo for a short period of time have not received a copy thereof and may not even realize they are contravening its provisions.They…...