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:
- Hidden defects
- Conflict between neighbors
- Trees and fence issues
- Loud neighbors
- Legal hypothecs
- Warranty on a new property
- Renovation contracts
- Home insurance
- Home belongings
- 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:
- Lease assignment
- Lease transfer
- Sharing rent
- Heating costs
- Tenant rights
- Tenant obligations
- Visits and access to apartment
- Lease renewal
- Rent increase
- Lease cancellation
- End of lease due to violence
- Eviction and repossession
- Insurance for furnishings
- Poor housing conditions
- Landlord’s responsibilities
- 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)
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