July 1 is the date that the majority of Quebecers choose to move. This year, are you planning to move? If so, do you know that as a tenant about to move, you have rights and obligations? We tell you everything you need to know about it.
Rights and duties about the moving date
Duty : If you plan to move a condo or other types of housing,on July 1 , you are required by law to empty the premises no later than June 30 at 12 am. In other words, your belongings do not have to occupy the dwelling on the date of July1st . Nevertheless, you can agree with your landlord to transport furniture or other itemson July 1 .
Law : Since the lease agreement takes effecton July 1 , no one can object to you integrating the new housing on the grounds that the former tenant is unable to release the housing immediately.
Rights and duties regarding the inventory
Duty : The law requires the tenant to leave the dwelling in the same condition as it was at the time it was installed. This means that nothing that was not included in the lease should be present on the premises. The execution of minor works is also the responsibility of the tenant. So you have to fill in the gaps, and resume painting. The professional planner can help you comply with all these legal obligations. Move Montreal, our company takes care of putting the whole apartment clean.
Right : the lessor is required to remove everything that the previous tenant left in the dwelling. This includes appliances, storage equipment and all other furniture. In addition, the accommodation must be in a perfect state of cleanliness.
Rights and duties about the deposit
Duty : The lessor is entitled to ask you to pay in advance at least one month of your lease. This is proof of your financial capacity to be able to take the accommodation. This amount that will serve as a deposit can be cashed out just after the lease agreement has been signed.
Right : The landlord does not have the legal right to ask you for a deposit that exceeds the first month of renting a condominium or other type of housing. If he asks you, you are not required to pay him. In addition, it is illegal for a landlord to ask you for a deposit for keys, furniture, etc.
Rights and duties about painting
Duty : If during the occupation of the residential building you have repainted your rooms in a color of your choice, the lessor may ask you to replace the paint with another neutral color before your move. It is best to do this before obtaining the certificate of location.
Right : Before integrating a dwelling, you can repaint it in the colors you want. The lessor is not required to reimburse you for this work unless the existing paint is degraded.
Rights and duty about animals
Duty : You have an obligation to comply with the clauses relating to the possession of animals. Some leases prohibit in the generality of contracts the possession of pets while allowing the tenant to have certain specific animals. In other words, the contract can allow you to have a cat and prohibit you from having a dog.
Right : If the contract does not contain a clause relating to animals, you are free to own them. However, this animal must not become a source of nuisance for the neighborhood.
Rights and duty about the payment of rent
Duty : As soon as you have a right of co-ownership, you also have the obligation to pay the monthly rental fee in full no later than the1st of the month. This means that on the2nd day of the month, your landlord can file a complaint against you with the TAL on the grounds of unpaid rent.
Right : You are not required to go to the landlord to pay the rent. It’s up to him to go to your house. However, you can arrange among yourselves to set a remote payment method.
Rights and duties relating to the number of residents of the dwelling
Duty : Legally, it is those whose names appear on the lease agreement who are entitled to reside in the dwelling.
Right : Unless space requires it, the lessor is not entitled to limit the number of residents of a dwelling with cable distribution or not. He cannot refuse to rent the accommodation to you on the grounds that you have children.
Rights and duties relating to reparations
Duty : If at the time of integrating the dwelling, you notice that there is a major repair to be made, you must inform the owner. These repairs are legally the responsibility of the owner. It must perform them before you proceed with the change of address.
Right : You can perform work at your own expense in emergency situations. The same applies when the lessor cannot be reached. Consider taking out housing insurance.
Finally, be aware that the Administrative Housing Tribunal is the judicial body provided to deal with disputes between tenant and lessor.