Deposit of rent with the Tribunal administratif du logement
Where the lessor fails to perform his obligations, the lessee may apply to the court (in most cases this comes under the jurisdiction of the Tribunal administratif du logement), for authorization to perform them himself.1
The lessee may also deposit the rent in the office of the court (in most cases this comes under the jurisdiction of the Tribunal administratif du lodgement), if he gives the lessor prior 10 days’ notice indicating the grounds for depositing it. The court, if it deems that the grounds are serious, will authorize and fix the amount and conditions of the deposit.2
Where the lessee is not informed of the name and address of the new lessor or of the person to whom he must pay the rent following the sale of an immovable, the registration of a hypothec against the rent or an assignment of claim, he may, with the authorization of the court, deposit his rent in the office of the court.3
Article 1909 of the Civil Code states that the deposit may be remitted when the person to whom the rent is to be paid has been identified or found, or, as the case may be, when the lessor performs his obligations. The deposit can also be remitted to the lessee to enable him to perform the obligations of the lessor.
► DUTIES AND OBLIGATIONS OF THE BROKER
If you are representing the seller for the sale of a multi-unit property, you must take steps to learn of any factors inherent to the transaction that may adversely affect one of the parties to the transaction (s. 84 and 85 of the RBR).
One of the practices to do so is to complete the mandatory form Declarations by the seller of the immovable. Section D2.6 of this form is relevant to multi-unit properties; for example, a notice of deposit of rent must be disclosed under D2.6 c), by checking the appropriate box and providing relevant details under section D15.
There are other notices that can be sent to the lessor by the lessee and must also be disclosed:
- Notice of termination of lease;
- Notice of abandonment of a dwelling;
- Notice of lease assignment;
- Notice of cession of cohabitation;
- Notice of lessee’s death;
- Notice of non-renewal of the lease by the lessee;
- Notice of subletting of dwelling;
Lessee’s response to a notice of rent increase and modification of another condition of the lease.
1 Art. 1907 (1) C.C.Q.
2 Art. 1907 (2) C.C.Q.
3 Art. 1908 (1) C.C.Q.
