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

Section 42 Disposition versions

1977-12-31

42. (1)  No person may, without the authorization of the administrator, register a declaration of co-ownership respecting a housing immoveable occupied by a lessee.

The application shall be made by the owner, in good faith, and served, within ten days, on the lessees affected by the change of destination of the premises.

(2)  The administrator shall notify each party of his decision.

The decision giving the authorization shall mention:

(a)  that the lease shall be maintained until its expiry, except in the cases provided by law, and

(b)  that, without further notice, the lease shall not be extended beyond its term except if the premises occupied by the lessee are not sold.

(3)  The owner who has obtained such authorization or the purchaser of the dwelling occupied by the lessee must, subject to the second paragraph of article 1646 of the Civil Code, respect the current lease until its expiry.

(4)  The owner who has obtained such authorization must, within thirty days, post up in a conspicuous place in the entrance hall a notice indicating:

(a)  that the administrator has authorized the registration of a declaration of co-ownership, and

(b)  that, for every lease made, renewed or extended by the owner after the date of the posting up, the lessee shall not be entitled to an extension of his lease, except if the premises occupied by the lessee are not sold.

The notice shall also indicate the date of the authorization. It must be kept posted up until the dwellings are sold.

(5)  An owner who has obtained such authorization shall not subsequently make, renew or extend a lease without having previously obtained the authorization of the administrator who shall then fix the exigible rent with regard to such lease in accordance with section 26.

There is no right of action for collection of rent if the authorization has not been obtained.

(6)  Any lessee of a dwelling which is not sold three months before the expiry of the lease or who has not received from the new purchaser the notice mentioned in section 35, unless he gave the notice provided for in the second paragraph of article 1660 of the Civil Code, may apply to the administrator for an extension of the lease.

The application must be filed not later than within the fifteen days following the expiry of the lease and notified to the owner of the immoveable within the same delay.

The administrator shall extend the lease for a term equal to that of the preceding lease but not exceeding one year. He shall also fix the rent exigible, in accordance with section 26, if the owner requires it at the hearing.

(7)  The registrar must register every declaration of co-ownership upon proof that the authorization provided for in subsection 1 has been granted and that the decision has not been appealed from.

(8)  Any person who contravenes subsection 1, 3, 4 or 5 of this section or who, to prevent the extension of a lease, falsely represents that the dwelling has been sold is guilty of an offence.

(9)  Any lease made, renewed or extended by the purchaser of a dwelling contemplated by this section is subject to this act.

1974, c. 76, s. 16.