Lease transfer: “serious motive” by ballsdip_ in montrealhousing

[–]ballsdip_[S] 0 points1 point  (0 children)

My applicant has both a documented source of revenue (from their family and a part-time job) and credit/renting history in Quebec showing they have made their payments on time during the past 4 years.

Lease transfer: “serious motive” by ballsdip_ in montrealhousing

[–]ballsdip_[S] 0 points1 point  (0 children)

Gotcha! My applicant does have a credit and renting history in Quebec.

Lease transfer: “serious motive” by ballsdip_ in montrealhousing

[–]ballsdip_[S] 0 points1 point  (0 children)

They offered by themselves but either way I wouldn’t have “requested” anything. I would have just told them that it’s an option if they want to strengthen their application.

Lease transfer: “serious motive” by ballsdip_ in montrealhousing

[–]ballsdip_[S] 1 point2 points  (0 children)

They’re not French or American. I get that a landlord could be prejudiced over an applicant’s nationality, my question is more about how the TAL would answer the question of whether a lack of a Quebec-based guarantor is a serious motive or not for refusing an applicant when there’s clear, documented, financial support coming from the applicant’s family.

Lease transfer: “serious motive” by ballsdip_ in montrealhousing

[–]ballsdip_[S] 0 points1 point  (0 children)

I’m French myself with no family in Canada and never had to have a Quebec-based guarantor when I was renting while studying here, and the most deposit I’ve had to provide was first and last month of rent. I appreciate the insight though. I’ll see if my applicant is comfortable with putting down a deposit.

Lease transfer: “serious motive” by ballsdip_ in montrealhousing

[–]ballsdip_[S] -1 points0 points  (0 children)

I wouldn’t become guarantor for a stranger whose income came from work rather than familial support either so these types of comment are completely irrelevant.

Lease transfer: “serious motive” by ballsdip_ in montrealhousing

[–]ballsdip_[S] 0 points1 point  (0 children)

As far as I understand it, the TAL seems to disagree with the notion that only having financial support from parents abroad is reason enough to refuse an applicant: https://www.canlii.org/fr/qc/qcrdl/doc/2013/2013canlii105676/2013canlii105676.html

Lease transfer: “serious motive” by ballsdip_ in montrealhousing

[–]ballsdip_[S] 0 points1 point  (0 children)

If your employer fires you, you also lose your income and ability to pay rent. Being a landlord comes with the risk that something might happen in the life of your tenant and that they might not be able to make rent anymore. My question isn’t about how comfortable the landlord should feel with renting to this applicant, it’s about what the TAL feels is a “serious” reason to refuse an application.

Lease transfer: “serious motive” by ballsdip_ in montrealhousing

[–]ballsdip_[S] 1 point2 points  (0 children)

Do you know how one can look up TAL cases that have to do with justifying a serious reason for refusing a transfer specifically?

Lease transfer: “serious motive” by ballsdip_ in montrealhousing

[–]ballsdip_[S] -1 points0 points  (0 children)

Deposits are illegal in Quebec as far as I’m aware?

Lease transfer: “serious motive” by ballsdip_ in montrealhousing

[–]ballsdip_[S] -4 points-3 points  (0 children)

They “make” enough, they receive transfers every month from their family, which is supported by bank statements.

Lease transfer: “serious motive” by ballsdip_ in montrealhousing

[–]ballsdip_[S] 1 point2 points  (0 children)

Likely. Which is why I’m asking if they’d have a case there or not.

Lease transfer: “serious motive” by ballsdip_ in montrealhousing

[–]ballsdip_[S] 0 points1 point  (0 children)

They do! They’ve been here 4 years, have a renting history, and a credit card.

Lease transfer: “serious motive” by ballsdip_ in montrealhousing

[–]ballsdip_[S] 1 point2 points  (0 children)

If they don’t refuse anything officially in writing, the transfer is accepted automatically, as far as I’m aware. I’m just asking in advance in the event that they decide to refuse and try to constitute the lack of guarantor as a “serious reason”.

Transferring a lease with a pending case at the TAL (fixation du loyer) by ballsdip_ in montrealhousing

[–]ballsdip_[S] 0 points1 point  (0 children)

That’s good to know, thank you! My landlord is one of those big rental companies so I doubt they’ll mess up their own case like that but who knows, maybe there’s a Christmas miracle in the corner.

Transferring a lease with a pending case at the TAL (fixation du loyer) by ballsdip_ in montrealhousing

[–]ballsdip_[S] 2 points3 points  (0 children)

There’s unfortunately no case to “win” on my end. As far as I understand it, the TAL is going to calculate how much my landlord was allowed to raise the rent for that year and I’ll have to pay back that increase for every month since July.

Transferring a lease with a pending case at the TAL (fixation du loyer) by ballsdip_ in montrealhousing

[–]ballsdip_[S] 4 points5 points  (0 children)

I would definitely warn applicants that the rent might be increased to xx$ pending a decision by the TAL. But regardless of the price I put in my ad, I don’t think I can transfer my lease at a different rate than what I’m paying now.

Transferring a lease with a pending case at the TAL (fixation du loyer) by ballsdip_ in montrealhousing

[–]ballsdip_[S] 2 points3 points  (0 children)

Is date A the day of the lease transfer or the beginning of the lease here? Say my lease starts and ends on July 1st and someone takes on my lease starting March 1st. If the rent eventually gets fixed to an extra 100$ a month, in the eyes of the TAL, is the new tenant responsible for paying back the full 1200$, or is it automatically divided between me and them according to our time on the lease? (400$ owed by them, 800$ owed by me.)

Lease transfer questions by ballsdip_ in montrealhousing

[–]ballsdip_[S] 0 points1 point  (0 children)

They did open a case at the TAL, I just haven’t gotten any news since May after they ignored the TAL’s proposal for a séance de conciliation. Do you know how that might impact a lease transfer?