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

Section 49 Disposition versions

1977-12-31

49. When a lessee, in order to obtain a lease or possession of a house, is forced to agree to the purchase of furnishings from a preceding lessee, he may, on alleging on oath that he has reason to believe that the sale price thereof is abusive, apply to the administrator to value such furnishings; for the purposes of this act, the administrator’s valuation shall be 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 purchaser of the furnishings has a right of action against the seller to recover the excess over the value of the furnishings as established by the administrator’s valuation. Such action is prescribed by one year.

The lessee may also, at his option, when furnishings have been placed in the house with a view to imposing the sale thereof upon him, through the preceding lessee as intermediary, as a condition of the leasing or the possession of such house, obtain the annulment of the sale, by action brought before the competent civil court, within sixty days after taking possession of the house.

Without prejudice to other legal means of proof, it shall be presumed that the furnishings were placed in the house for such purpose when they were placed there less than ninety days before the departure of the preceding lessee.

1952-53, c. 9, s. 11; 1953-54, c. 12, s. 3.