Quote:
Originally Posted by 1overcosc
Quebec is probably the most extreme anti-landlord jurisdiction on the continent.
I've heard that it can take months to evict someone for non-payment of rent and that landlords often never get the money back there.
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Takes a couple months if you're lucky.
The thing is, the Régie du Logement audience you're getting (that takes a couple months to get) is not a session where there's any time to spare. These audiences are always running late on their "court list" for the day, and the time allocated to each case is limited.
Normally, it's very straightforward -- the typical case is that only the landlord is there in person, the tenant is missing or has fled already. So the régisseur asks to see proof of all communications (usually the landlord's paid a bailiff to stick something officially on the door of the empty apt, the tenant is deemed to have received it), landlord under oath declares which months are unpaid, régisseur says "you're receive the decision in the mail in a couple weeks", then... Next!
But a tenant can game the system easily.
I had a Colombian tenant who wasn't paying... he had a complicated story (also spoke very little French and no English, to make matters even more complicated) so the régisseur said "we have no time for that today" (audiences are always over-crowded, as I said) so the "complicated cases" are put on another circuit that takes another couple months to get a "special audience with enough time allocated to discuss a complicated case"!!!
(Thank God most tenants aren't aware of that.... it's such an easy loophole!)
In the case of that Colombian guy, he had taken the initiative of trying to help, and had painted lots of stuff (including parts of the building's exterior) doing a horrible job, with inappropriate colors. In his head, I was owing him for his time and paint... in mine, I was willing to forgive him for the damage, at most.
So, it wasn't as simple as "rent isn't paid", because he was fighting back... (his position was "rent was paid in labor, and actually I did so much that the landlord is the one owing me at the moment, not the other way around") and just for fighting back, he gained a couple months right there.
The example I used with the RdL régisseur: "okay, let's say I spot your car in the parking right now, and decide to paint it flashy pink -- roller painted, mind you, not spray-painted -- THEN I charge you both the cost of the paint (I chose to use extremely high-quality pink paint, 'cause you know, why not) and my time... are you going to PAY me for that? You're more likely to not only not give me a penny, but also to sue me...
That Colombian guy lived in the apt (with all utilities included) for free for a few months before I could throw him out legally.
It's quite rare that I had to do everything fully legally, I often could negotiate something with the tenants, but that guy was the anal type who will sue you at the slightest little chance you give him...
Nowadays we basically don't have tenants like that any more... sticking with UdeS students, at least those will need a good name later in life and are aware of how important it is.