Tenant's Rights Question

[rumpleforeskiin]

Got a question here for someone who may know more than I do about tenant’s rights in Quebec. (And I know nothing other than what I read.)

A friend of mine is renting a fairly sizable 5.5 in Montreal, currently living alone but searching for a roommate. A friend with two children wants to move in and her landlord has said told her this is unacceptable to her. According to my reading of Section 1899 of the Quebec Civil Code, the landlord has no reasonable or legal grounds to deny her friend’s moving in.

Is there someone here who is familiar with these codes? Am I missing something or is the landlord simply playing on my friend’s ignorance of her rights?

(1899. A lessor may not refuse to enter into a lease with a person or to maintain the person in his or her rights, or impose more onerous conditions on the person for the sole reason that the person is pregnant or has one or several children, unless the refusal is warranted by the size of the dwelling; nor can he so act for the sole reason that the person has exercised his or her rights under this chapter or the Act respecting the Régie du logement. Punitive damages may be awarded in cases where this provision is violated.)

 

[naughtylady]

Contact Project Genesis : http://www.genese.qc.ca/home.html

You will be able to get the info you need from them.

They assists people to better understand and defend their social and economic rights, especially those related to housing, basic income security, and access to public healthcare.

They are a wonderful resource.

I suspect that the landlord has no legal right to tell your friend that they cannot have whoever they want to move in as a room-mate; as long as they are not creating a fire hazard by over crowding the apartment. However I am no authority on the matter but Project Genesis is.

Ronnie,
Naughtylady

 

[eastender]

Liability Issues

Liability issues have to be considered. Your friend has a signed leased with clearly defined responsibilities and obligation. Likewise your friend may have insurance for the flat.

Would the contractual responsibilities and obligations extend to the "roommate"? Likewise would the insurance coverage remain in force if other people are added to the flat?

Contact the group NL suggested and lay-out all the facts as opposed to providing partial info.

 

[pokerpro]

You could also check the internet site of '' La régie du logement du Québec'' which stipulates that the landlord cannot refuse you getting roommates as long as you don't change the vocation of the lease (cannot transform your appartment into,lets say, a barber shop) and the number of tenants is not to disproportionnate with the superficy of the appartement.

 

[gugu]

Am I missing something or is the landlord simply playing on my friend’s ignorance of her rights?

He is playing your friend's ignorance of her rights.

Unless there is a clearly specified clause in the lease forbidding the presence of children, a clause that is not be legal if it is there, your friend does not need to get any permission from the landlord before his roommates move in. The size of the dwelling is obviously not an issue here. Liability is not an issue neither. Of course he may have to call his insurance company but that has nothing to do with his rights to have roommates.

 

[rumpleforeskiin]

Thanks all. I've read the relevant portions of the Civil Code on the Regie's website and my reading is exactly as you have all posted. Not having experience with rentals in Montreal, I was just looking for confirmation.

 

[JustBob]

"S’il n’est pas permis pour un propriétaire d’imposer une limite quant au nombre de personnes qui peuvent habiter un logement, il existe quand même certaines règles à respecter. La Ville de Montréal, qui s’est dotée d’un Règlement sur le logement, spécifie qu’il faut compter un minimum de 8,5 mètres carrés (91,49 pieds carrés) d'espace habitable par occupant. Le Code national du bâtiment, sur lequel s’appuie la Ville de Québec, indique qu’un logement peut être occupé au maximum par deux personnes par pièce où l’on dort (chambre). Quant à la Régie du logement, elle n’a pas établi de limite au nombre de personnes qui peuvent habiter un logement, puisqu’il s’agit de cas par cas. Elle reconnaît néanmoins qu’un logement de quatre pièces et demie (deux chambres) peut accommoder généralement quatre personnes."

Essentially, what is "allowed" or considered reasonable is 2 people per bedroom.

 

[eastender]

Liability Issues

Liability issues cover everything from responsibility for damages to the building, to utilities, phone, etc. You have to make sure that your friend is protected all the way down the liability line.

Your friend will not be home 24/7/365 to watch over things.

 

[Doc Holliday]

Make sure the owner of the building isn't affiliated to organized crime. A few years ago, a lady friend of mine was faced with similar circumstances. She tried to pursue the matter further, but was threatened by the owner soon after this. When she told me about her problem, i asked her if he was connected. She said he was. I told her to get out. She refused, being stubborn. Five years later, i've yet to hear from her again.