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The action of renting, on more than one occasion during the same year, a private portion (usually a dwelling) for a period of less than one year, such as a rental by the night, by the week or by the month, to a transient clientele who does not fix his residence there main.The fact of renting a private portion intended for residential use (residential destination) repeatedly for short periods to a passing clientele who does not elect a domicile there constitutes a change of destination.
14/12/2024
Two recent rulings by the Court of Québec underscore the significant difficulties syndicates encounter when attempting to recover insurance deductibles for damages caused by tenants, highlighting not only the legislative and practical shortcomings in claims management but also the broader implications of these challenges, which persist despite amendments to article 1074.2…...
20/07/2024
The destination of the immovable, of the private portions and of the common portions is a fundamental concept in co-ownerships. It is both a real regulator of the rights and obligations of co-owners and a reference value between the permit and the prohibited. The destination of the building is determined in the 1st part of…...
01/07/2024
If hotel-type short term rentals are allowed in your co-ownership, any apartment owner who wishes to rent to tourists must take the following precautions. The most important one is to ensure that he abides to the Tourist Accommodation Act (the Act) and it’s Regulations. He will also ensure that he does…...
01/07/2024
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…...
01/07/2024
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…...
10/03/2024
The Goods and Services Tax (GST) and the Quebec Sales Tax (QST) are collected in Quebec on the sale of most goods and services. The application of the Excise Tax Act (Part IX) and the Act respecting the Québec sales tax in respect of expenses incurred by a syndicate of…...
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…...
08/05/2023
We want to make an amendment to our declaration of co-ownership to prohibit renting for less than one year. Question: Does such an amendment have to be notarized or if it were not, does it have legal value? In short, do amendments have to be notarized to require compliance?...
02/04/2023
April 2, 2023 - As reported in an article by journalist Zacharie Gaudreault of the newspaper Le Devoir, a co-owner of a building located in the Griffintown district of Montreal has been sentenced by a judgment of the Superior Court of Quebec to pay more than $85,000 in penalties and…...