C-50 - Act to promote conciliation between lessees and property-owners

Section 48 Disposition versions

1977-12-31

48. In the case of the sale of furnishings by the lessor to the lessee as a condition or at the time of a lease, the lessee, on alleging on oath that he has reason to believe that the sale price of such furnishings is exaggerated and is a subterfuge for exacting from him a disguised additional rent, may apply to the administrator to have such furnishings valued; for the purposes of this act, the administrator’s valuation shall avail as proof of the value of such furnishings.

Such application, on pain of nullity, must be made within sixty days after the lease is made.

The lessee has a right of action against the lessor to recover the difference between the value of the furnishings as fixed by the administrator and the price he has effectively paid the lessor for them. Such action is prescribed by one year.

The lessee may also retain, and set off in compensation against the rent due or to become due, the amount which he is entitled to recover from the lessor under this section.

1951-52, c. 17, s. 14; 1952-53, c. 9, s. 10; 1962, c. 56, s. 9.