In the Launi et al. vs Huddyl decision 1, the lessors filed a request for setting of the rent, and this, in accordance with article 1947 of the Civil code of Quebec.
The parties are bound by a lease beginning on July 1, 2004 and ending on June 30, 2005, at a monthly rent of 545$. The monthly rent includes a parking space.
The lessors ask the Rental Board to set the monthly rent by taking account of the standards prescribed by regulation and to rule on the modification:
“To set the price of the parking at 30.00$ per month, requested in the notice of July 1, 2005.”
The lessor had asked in the Notice of increase for an increase of 13.00$ for the rent as well as the sum of 30.00$ for the garage. Taking into account the foregoing, the tenant accepted the increase of 13.00$, but refused the increase of 30.00$ regarding the garage.
Article 1892 of the Civil Code of Quebec states as follows:
The lease of a room, of a mobile home placed on a chassis, with or without a permanent foundation, or of land intended for the emplacement of a mobile home is deemed to be the lease of a dwelling.
The provisions of this section also govern leases relating to the services, accessories and dependencies attached to a dwelling, a room, a mobile home or land.
The provisions of this section do not apply to the following leases:
1. The lease of a dwelling leased as a vacation resort;
2. The lease of a dwelling in which over one-third of the total floor area is used for purposes other than residential purposes;
3. The lease of a room situated in a hotel establishment;
4. The lease of a room situated in the principal residence of the lessor, if not more than two rooms are rented or offered for rent and if the room has neither a separate entrance from the outside nor sanitary facilities separate from those used by the lessor;
5. The lease of a room situated in a health or social services institution, except pursuant to article 1974.
The Court considered that the garage is an accessory to the lease of a dwelling and that the rent paid by the tenant includes this parking space.
1 Launi c. Huddy, (2006) J.L. 37
The parties are bound by a lease beginning on July 1, 2004 and ending on June 30, 2005, at a monthly rent of 545$. The monthly rent includes a parking space.
The lessors ask the Rental Board to set the monthly rent by taking account of the standards prescribed by regulation and to rule on the modification:
“To set the price of the parking at 30.00$ per month, requested in the notice of July 1, 2005.”
The lessor had asked in the Notice of increase for an increase of 13.00$ for the rent as well as the sum of 30.00$ for the garage. Taking into account the foregoing, the tenant accepted the increase of 13.00$, but refused the increase of 30.00$ regarding the garage.
Article 1892 of the Civil Code of Quebec states as follows:
The lease of a room, of a mobile home placed on a chassis, with or without a permanent foundation, or of land intended for the emplacement of a mobile home is deemed to be the lease of a dwelling.
The provisions of this section also govern leases relating to the services, accessories and dependencies attached to a dwelling, a room, a mobile home or land.
The provisions of this section do not apply to the following leases:
1. The lease of a dwelling leased as a vacation resort;
2. The lease of a dwelling in which over one-third of the total floor area is used for purposes other than residential purposes;
3. The lease of a room situated in a hotel establishment;
4. The lease of a room situated in the principal residence of the lessor, if not more than two rooms are rented or offered for rent and if the room has neither a separate entrance from the outside nor sanitary facilities separate from those used by the lessor;
5. The lease of a room situated in a health or social services institution, except pursuant to article 1974.
The Court considered that the garage is an accessory to the lease of a dwelling and that the rent paid by the tenant includes this parking space.
1 Launi c. Huddy, (2006) J.L. 37