Quebec Rental Practice

[wnhan]

Hey guys,

 

I just got accepted to McGill University for undergrad a few weeks ago as I was waitlisted. I am taking over a tenant's apartment as well as the remaining period of his lease (7 months) and we have signed the agreement for the "lease transfer". So, the papers for the "lease transfer" have been signed between the current tenant as well as myself whereby we each have a copy. The "lease transfer" papers that I signed with the current tenant states that the rent is $860/month and includes all utilities.

 

I also contacted the landlord or management company for the apartment building and they said that they do not need to sign anything with me in that the tenant only needs to provide me with their "original lease" that was provided to them when they initially moved in. However, this tenant does not have the "original lease" since they also performed a "lease transfer" from the tenant before them.

 

I have tried to contact the landlord or management company for the apartment building for past week and have been unable to reach them. I am worried that when I get the apartment that the landlord or management company will come to me and say "We never signed anything with you, your rent is $1000/month and includes no utilities".

 

I am rather concerned as to whether this is legitimate. Please note that this is taking place in Montreal and that the business practices of rental companies in Quebec may differ from your home province. I am from Ontario and have never heard of this rental practice before. Please let me know what you think. Any help is greatly appreciated.

[psychoswim]

Just one piece of advice - if you are living anywhere near the McGill ghetto, make sure everything is very clear in writing. There is a lot of demand for apartments around there, and the management companies definitely try to take advantage of students. When I lived there in 2002-2003, we signed a lease for June 1, but on May 30 I got told they were just starting renovations and we weren't supposed to move in until August?? So basically we were expected to pay 2 months not to live there... And it didn't get any better after. They screwed me out of a few hundred dollars deposit, but at that point I just wanted to get the hell out of there.

 

You should probably try to contact the Regie du Logement to know exactly what you need to be safe. They're very good on tenants usually.

[future_doc]

Does the sub-lessee have the right to transfer the lease without the original lessee signing. I don't have a clue what I am talking about and Michelle has given you excellent adivce, you must talk with La Regie immeidately and ask them this question amongst others.

 

Also ask what effect not having the original lease has on your rights. In other words, you don't have it and an unethical landlord can doctor his original copy with respect to which you have no recourse. The landlord may not be able to find his copy once he relaizes that you don't have it and for sure you really don't want to find yourself living on the street.

 

 

Equally, the person from whom you took over the lease is relying upon you to pay the rent but you are in the twilight zone where there is going to be a ripple effect (potentially). Of course, the game of the landlord is to jack up the rent - so be prepared for non-criminal extortion to pay more. Involve the person living there now, who may need to involve the original lessee just to get the original lease!

 

Deal with it all in a timely manner. Welcome to the real world where things happen.

[CREA.tive]

Contact the Régie du logement. They are EXTREMELY helpful (from experience). However, I do know that if the landlord receives your notice of lease transfer, they have 15 days to accept/refuse the lease transfer. If the landlord does not contact you, it automatically means that he accepted. But you have to make sure that he gets the notice.