Summaries of decisions

Conversion of a rental property into divided co-ownership

The Tribunal makes summaries of decisions on various topics available to you.

That tool could be useful to prepare your application or as part of a conciliation session. For example, it could help you estimate the amount of damages to which you are entitled or the nature of the orders likely to be issued by the Tribunal.

Warning

The following examples of judgements are provided for information purposes only.

Several factors can influence an administrative judge’s decision. For example, a clause provided for in the lease, the relevance and quality of the evidence provided, etc. In summary, each case is different and each decision depends on the evidence submitted to the Tribunal.

Issue

Undivided co-ownership

Opposition of a co-owner
Summary of the application

Application for authorization to convert an immovable into divided co-ownership.
Outcome

Application dismissed.
Reasons

One of the immovable’s undivided co-owners did not sign the application.
Full judgment

9134-5645 Québec inc. (December 17, 2020)

 

Issue

Occupation of dwellings by undivided co-owners

Dwelling occupied by the son of a co-owner

Municipal derogation not required (Montréal Urban Agglomeration)
Summary of the application

Application for authorization to convert an immovable to divided co-ownership.
Outcome

The application is allowed.
Reasons

All the dwellings in the immovable are occupied by the co-owners, except for one unit, which is occupied by the son of the owners of the dwelling.

The occupation of the dwelling by the son of the co-owners of that dwelling can be defined as a personal use, which corresponds to the meaning of "occupied" in section 51 of the Act respecting the Administrative Housing Tribunal, even if the co-owners do not live in the dwelling themselves.
Full judgment

Perreault (January 18, 2022)

Note to reader: The above examples of decisions were selected and summarized by SOQUIJ. In rare instances, they may have been appealed from before a higher court. If you wish to cite one of those judgments before a tribunal, it is recommended that you check the plumitif of the courthouse in question.

Continue searching

If need be, you can consult other decisions with regard to dwelling leases by using the search engine (in French only) available free of charge on the SOQUIJ website. For best results, simply select a tribunal (e.g. Tribunal administratif du logement), and enter French key words such as “bruit” (noise), “moisissure” (mould), “zoothérapie” (animal therapy), “résiliation” (resiliation), “expulsion” (eviction), etc.

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