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My parents have been renting an apartment in Montreal for approximately 25 years and they have been renewing their lease per annum, third floor. Never had an issue with the landlord. The original owner has since passed and children have inherited the triplex. Due to laws that limit the amount rent can be increased each year coupled with the fact that the area in which they live is now booming and a very desirable place to reside, other nearby apartments can easily fetch 3x the rent my parents currently pay. The new owners wish to kick my parents out because THEIR children wish to move in to the apartment that has been occupied by my parents for the last 25 years. They argue that they used to live in the second floor in the past and now they want the third floor. I believe this is all a ploy just to get the apartment so they can bypass the rent increase laws and just rent it out at market price a few months down the road.
Does anyone have experience with this type of dilemma? What is the likelihood a court would rule in favor of my parents given the situation? I'm told this behavior is becoming common practice nowadays with greedy kids inheriting these buildings from their families.
Any insight appreciated, as rental board hearing is scheduled next week.
A landlord can repossess a dwelling by a relative moving in. Time frame that can happen can change so I won't state how long before they would have to move. In some States all you need to give is a two month notice to evacuate. Sorry for your situation. 25 years is a long time but they just don't own it. Good luck. I know what it feels like. Went through something similar. I got to know a much better area to live in though. So some good came out of it.
My parents have been renting an apartment in Montreal for approximately 25 years and they have been renewing their lease per annum, third floor. Never had an issue with the landlord. The original owner has since passed and children have inherited the triplex. Due to laws that limit the amount rent can be increased each year coupled with the fact that the area in which they live is now booming and a very desirable place to reside, other nearby apartments can easily fetch 3x the rent my parents currently pay. The new owners wish to kick my parents out because THEIR children wish to move in to the apartment that has been occupied by my parents for the last 25 years. They argue that they used to live in the second floor in the past and now they want the third floor. I believe this is all a ploy just to get the apartment so they can bypass the rent increase laws and just rent it out at market price a few months down the road.
Does anyone have experience with this type of dilemma? What is the likelihood a court would rule in favor of my parents given the situation? I'm told this behavior is becoming common practice nowadays with greedy kids inheriting these buildings from their families.
Any insight appreciated, as rental board hearing is scheduled next week.
I would be prepared for the possibility of the rental board ruling against your parents. My family used to own rental property in LaSalle and we successfully had someone kicked out for a legitimate family member moving in. The family member has to live there for a certain amount of time (I can't remember anymore...1 year?) then they can do what they want with the space.
I'd keep an eye on your parents' apartment for a while, should they be forced to move. If it turns out that new tenant is not a family member, your parents could take the owners of the building to the Regie du Logement and file against them for acting in bad faith.
That's what DH and I were advised to do when former owners of a duplex repossessed so that their daughter could move in.
I think that there is a time limit; however. A year, perhaps?
Have you tried to call Arnold Bennett's Housing Hotline? They offer excellent free advice, though accept small donations.
Arnold Bennett Tenants' Rights Hotline and Walk-in Clinic
Phone: 514-488-0412 or 514-990-0190, Mon–Fri, 9am–9pm
Notre-Dame-de-Grâce
#2-6462 rue Sherbrooke Ouest (corner Cavendish)
Saturday, 10:30am–1:00pm
YMCA Downtown
#517-1440 rue Stanley
Sunday, 10:30am–1:00pm
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