After July 1, some of the owners notice that their new tenants, having to move in their residences, will not take possession of their dwellings. This behaviour is considered as being an abandonment.
Indeed, article 1975 of the Civil code of Quebec states clearly that: “The lease is resiliated of right where a lessee abandons the dwelling without any reason, taking his movable effects with him; it may also be resiliated without further reason, where the dwelling is unfit for habitation and the lessee abandons it without notifying the lessor.”
What to do then if the tenant does not take possession of the dwelling? Initially, it will be necessary to find the tenant in order to forward to him a subpoena to recover the amounts due representing the months of rent lost as well as the damage suffered such as expenses for publicity, the expenses for tracking down, energy expenses, bank charges as well as all of the other expenses related to the relocation.
If he/she refuses or is unaware of your subpoena, you must submit a request for allowance for relocation and damage suffered to the Rental Board in order to recover the amounts which are owed to you.
For further information, do not hesitate to communicate with our team of legal advisers specialized in rental law.