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Real Estate Law in Quebec

Real estate laws govern the relationship between a property owners, between a property owner and a tenant (landlord and tenant relationship), rights and recourse that can be exercised against a real estate property along with dispute and conflict management.

Real estate law related to property owners

If you are a property owner, you could be faced with various situations where you must define your rights and obligations related to your property.

For instance, if you bought a new home from a builder, you’ll need to understand the warranties offered for a new property and how to manage latent defects or construction defects.

You may also need with legal advice in the context of a residential real estate transaction.

Property owners such as neighbors can also find themselves needing the services of a real estate lawyer in Montreal to better understand the real estate laws applicable to trees, fence issues or causing noise in the middle of the night.

Real estate law can cover the following areas when related to a property owner:

  1. Hidden defects
  2. Conflict between neighbors
  3. Trees and fence issues
  4. Loud neighbors
  5. Hypothecs
  6. Legal hypothecs
  7. Warranty on a new property
  8. Renovation contracts
  9. Home insurance
  10. Home belongings
  11. Renovation contractor disputes

Real estate law related to property renters

Real estate law will also apply to the relationship between a landlord and a tenant in a residential lease or perhaps a commercial lease.

In Quebec, the residential leases are strictly governed by the law and landlords and tenants are highly regulated in the manner they enter into a lease with one another.

A commercial lease will be less restrictive from a legal perspective but the parties will generally enter into a complex and detailed commercial lease agreement becoming therefore the law of the parties.

When dealing with a owner or landord’s relationship with a tenant, real estate laws will cover some of the following areas:

  1. Leasing
  2. Subleasing
  3. Lease assignment
  4. Lease transfer
  5. Rent
  6. Sharing rent
  7. Heating costs
  8. Tenant rights
  9. Tenant obligations
  10. Visits and access to apartment
  11. Lease renewal 
  12. Rent increase
  13. Lease cancellation
  14. End of lease due to violence
  15. Eviction and repossession 
  16. Pets 
  17. Insurance for furnishings
  18. Poor housing conditions
  19. Landlord’s responsibilities
  20. Landlord’s rights

Real estate law disputes

Just like any other area of the law, real estate disputes must be handled by the Court.

When dealing with a commercial lease, the following courts can have jurisdiction:

  • Quebec Court
  • Quebec Superior Court
  • Quebec Court of Appeal

When dealing with the residential lease, the following tribunal will have jurisdiction almost all the time:

  • Rental Board (Régie du logement)

About our law firm

AK-Law is a unique brand, a unique real estate law firm.

We have been proudly providing legal services to our clients since 2008 and are continuing strong.

Our customers have helped us over the years to become a leading law firm in Montreal offering greater and better legal services, every day.

We support our clients through thick and thin. We will get into the trenches with you!

We offer a wide range of legal services and great prices.

We will be delighted to work with you, looking forward to it! Contact us now!

In the meantime, we wish you best of luck and lots of success.

AK-LAW Montreal Law Firm


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