A first in Quebec, the Quebec Landlords Association (APQ) takes charge of your case of eviction of an occupant without the right or fees.
One of the worst things that can happen on July 1st or any date of termination of the lease is that the tenant decides to remain in the housing. Your old, "in theory", tenant does not want to leave and your new is at the front door. If you are unable to make him see reason, you need to open a file at the Rental Board for "Eviction of an occupant without law." This request is processed first.
According to the latest report available from the Régie 2011-2012: Evictions after expiry of the lease are up:
2009-2010: 348 cases
2010-2011: 356 cases
2011-2012: 385 cases
What is an eviction of an occupant without right?
Article 1889 of the Quebec Civil Code: "The landlord of a building can get the eviction of the tenant that continues to occupy the leased premises after the end of the lease or the date agreed in the lease for the surrender of the premises"
It is therefore necessary that there end of the lease or a non-renewal or termination agreement. The eviction is done by a bailiff, with leave of the Court, so it is necessary to obtain a judgement.
APQ by your side
This unfortunate situation is difficult to manage because in addition to having to take steps to evict the former tenant, you need to relocate your new tenant to temporarily store and its assets, all at the expense of the former tenant.
"We want to support struggling homeowners with dramatic situations for both him and his new tenant. This is why we put our expertise to work for them."
"The owners living this problem can contact us at 888-382-9670 so that the APQ can support them in processing a file for" Eviction of an occupant without the right " at the Régie du logement as soon as July 2nd. One less charge for these owners and without any administration fees. Only the costs of opening a file of $ 70 payable to the Régie will be required. " adds the APQ.
After obtaining the judgment the road is still full with pitfalls:
- The eviction at courthouse
- 48 hours notice by the bailiff
- Following this, the bailiff can remove occupants without the right with the help of police and movers.
- The goods are put on the street.
"APQ says that all costs incurred shall be charged to the tenant recalcitrant. But before you think to collect his due, the owners will be under pressure and the money can not compensate for the damage!" according to the APQ.
In conclusion, the Quebec Landlords Association (APQ) recalls that it is the day for'' Open telephone lines" on July 1st, wether you're a member or not, but also the weekend before the 29th and 30th of June 2013 by calling 1-888-382-9670.
Founded in 1984, the Quebec Landlords Assocation (APQ) is the largest association providing services to owners of rental housings while being present in all regions of Quebec.