TOP MISCONCEPTIONS OF A MONTREAL LANDLORDS RIGHTS
Updated: May 17, 2022
Are you an investor thinking of buying a property to rent to tenants? Are you concerned because you’ve heard horror stories of tenants withholding rent because of neglected repairs, or phones ringing off the hook at all hours of the night due to water leaks or other structural issues? Or are you a tenant currently in a bind with your landlord, and wondering if they can kick you out just by giving you a simple eviction notice with a short delay to vacate. These are just some of the biggest landlord/tenant myths that are out there, and they – as well as some other common ones – are debunked below.
1. THE LAWS ONLY APPLY IF YOU HAVE A WRITTEN LEASE
Agreed-upon leases, in writing, are advisable to protect both tenant and landlord, and to make sure that everyone understands what’s expected of them. However, even if you don’t have a written lease, all tenancy laws still apply to all parties – even if they’re not put down in writing.
2. IF NECESSARY REPAIRS ARE NEGLECTED THE TENANT CAN STOP PAYMENT ON THEIR RENT
This is one of the myths that scares landlords the most. Should small repairs go overlooked, such as running toilets, or a loose step out front, tenants can withhold payment of their rent. This is simply not true. As long as the tenant is occupying the property, they must pay rent for doing so. If repairs are not done properly or in a timely manner, they may have their recourses before the courts but nothing allows them to take the law into their hands and simply stop paying rent. Landlords have special procedures devoted to the recuperation of rent and possible evictions which can start with safeguard orders and even includes seizing all their assets as a precautionary measure towards protecting their rights.
3. IT IS IMPOSSIBLE TO CANCEL A COMMERCIAL LEASE
A landlord has right to cancel a commercial lease simply by sending an eviction notice. At our offices, we can explain the court procedures needed to either recapture your rent and/or evict a delinquent tenant as well as showing you the most efficient ways to make this happen smoothly.