Writing an eviction notice to tenant

Equity Residential court decision in Palm Beach County rocked the rental housing industry. Although not binding precedent on other Florida courts, this very questionable interpretation of the law has been used by the law firm which originally brought suit against Equity to bring many more suits against other companies throughout Florida, resulting in millions of dollars being spent by the companies to fight the lawsuits and eventually settle the cases.

Quebec follows civil law, meaning all laws are written out in detail, which differs from common law that is present with other jurisdictions throughout Canada. This results in answers that have much more detail and are more specific than what you will see with other provinces and territories, as they are very explicit in the government legislation.

For this exact purpose, in many in this fact sheet we have provided footnotes that reference specific parts of the law that are relevant, as well a more detailed description than what is found in the fact sheets for other provinces and territories.

Types of Rental Periods All different types of rental periods are permitted, including week-to-week, month-to-month or annual tenancies.

It is also possible to have a lease for no fixed amount of time. The term of a lease cannot exceed one hundred years. If the rental agreement exceeds one hundred years, it is reduced to that term article Civil Code of Quebec. Is a signed lease required? The law does not require the terms and conditions of lease to be written out.

If the lease is written, however, the applicable lease form of the Regie du logement has to be used. The law also requires the public sector to use the applicable lease forms of the Regie du logement for the lease of a dwelling in low-rental housing in the sense of article of the Civil Code of Quebec, as well as writing an eviction notice to tenant the lease of a dwelling with an educational institution by a student that is currently enrolled in that institution.

The landlord to use the applicable lease forms of the Regie du logement: Written rental agreements that include that schedule are sold at the offices of the Regie du lodgement and in bookstores throughout Quebec article 2 Regulation respecting mandatory lease forms and particulars of a notice to a new lessee.

The law requires that a lessee is entitled to a copy of the rental agreement within a period of 10 days after signing it article Civil Code of Quebec.

WHAT WE DO

If services of a personal nature are included as part of the lease, the landlord is required to specify, in the relevant schedule to the mandatory form, the part of the rent that relates to the cost of those services article If the rental unit is subject to by-laws that pertain to the rules relating to the enjoyment, use and maintenance of the redience and the common areas, the landlord is required to provide the lessee with a copy of the by-laws prior to entering into the lease officially.

The by-laws form part of the lease article Civil Code of Quebec. The lease as well as the by-laws of the immovable shall be written in French unless otherwise specified by one or more of the parties.

The landlord is not required to provide notice in the event of a lease of an immovable referred to in article and article paragraph 1 Civil Code of Quebec.

Neither the landlord nor the lessee of a residence that is leased by a housing cooperative to one of its members can apply to the court for the correcting of the rent or modification of any other condition included in the rental agreement.

Such restrictions will be mentioned, however, in the rental agreement of such a residence; if they are not mentioned at all, they may not be set up by the landlord against the lessee.

Deposits Landlords cannot collect a deposit of any kind in Quebec. Key Money It is unlawful for landlords to require key money.

Post-dated Cheques Landlords are not permitted to require payments made by post-dated cheques or any other type of post-dated instrument article paragraph 2 Civil Union Spousecode of TenantsQuebec. Renewal of a Lease All leases, regardless of their length, are automatically renewed with the same terms if the landlord fails to give the tenant the proper written notice in advance, as required by law; for changing the conditions discussed below or termination see Terminating a Lease: The notice periods in this section apply to changes of conditions, including rent increases.

If the lease is for a period of less than 12 months, or the full duration is undetermined, the notice of change of conditions must be given at least 1 month and not more than 2 months prior to the end of the term. For leases of 12 months or longer, the notice has to be given with a minimum of 3 months, but not more than 6 months, advance notice before the lease ends.

For the lease of a room, the notice has to be given not less than ten days nor more than twenty days before article Civil Code of Quebec. A lessee who wishes to object to the modification that is proposed by the landlord is required to notify the landlord within a period of one month after receiving the notice of modification of the lease, that he or she objects or that he or she is vacation the dwelling; otherwise, the tenant is assumed to have agreed to the renewal of the lease on the conditions proposed by the landlord.

Neither the landlord nor the tenant of rental property leased by a housing cooperative to one of its members can apply to the court for the correction of the rent or the changing of any other conditions included in the lease. Such restrictions shall be mentioned, however, in the rental agreement of a residence, if they are not mentioned, they cannot be set up by the landlord against the tenant.

In the event of a residence described in article Civil Code of Quebec, the tenant must vacate the residence upon termination of the lease if he or she objects to the proposed modification. If the landlord fails to apply to the Regie du logement, the lease is automatically renewed at the same rent and with the same conditions.

Terminating a Tenancy Lease: Notice and Timing Leases A tenant can terminate the lease if he or she provides the landlord with a written notice of non-renewal. If the lease is set for a period of less than 12 months or the total duration is yet undetermined, the notice has to be given to the landlord within at least 1 month but not more than 2 months before the term comes to an end.What reasons do I need to file an eviction?

You can file an eviction if a tenant refuses to vacate the premises after the service of a proper notice to the tenant. The Eviction Process. A landlord may try to evict a tenant for failing to comply with the terms of the lease agreement.

These reasons may include failure to pay rent, permitting persons not on the lease to live in the dwelling, or violating other material terms of the lease agreement. Termination Of Lease Form - Breaking Lease Agreements | US Legal FormsAmerica's 1st Choice · BBB A+ Rated Business.

Holding over after term, tenancy at sufferance, etc. — When any tenancy created by an instrument in writing, the term of which is limited, has expired and the tenant holds over in the possession of said premises without renewing the lease by some further instrument in writing then such holding over shall be construed to be a tenancy at sufferance.

Holding over after term, tenancy at sufferance, etc. — When any tenancy created by an instrument in writing, the term of which is limited, has expired and the tenant holds over in the possession of said premises without renewing the lease by some further instrument in writing then such holding over shall be construed to be a tenancy at .

TENANT QUESTIONS & ANSWERS Holdover Eviction Cases in New York State DISTRICT, CITY, TOWN & VILLAGE COURTS OUTSIDE NEW YORK CITY March