MONTRÉAL, QUÉBEC--(Marketwired - May 28, 2014) - The Association of Québec Landlords (APQ) is outraged by the obstinacy of Québec Solidaire wanting to table a bill preventing eviction of tenants from 1 December to 31 March and the repossession of the dwelling when one of the occupants of the housing is aged 65 or older.
Seniors and the repossession of a housing
"Why a special status depending on age?" asks Martin Messier, the President of the APQ, recalling that the repossession of a housing is not only done for oneself or a descendant, i.e. a son or a daughter, but also for an ascendant.
It may even be that it is done to accommodate an elderly parent.
So, Québec Solidaire wants to prevent a person aged 65 or over to stay in one of the dwellings of his children, close to them, to allow another elderly person to stay there! Where is the logic and the protection of ascendants in all of this!" adds Martin Messier.
Icing on the cake: the draft mentions that the conditions one wants to impose upon the repossession of a dwelling of a person of 65 years and more would be from the moment when an elderly person occupies the dwelling, whether he be tenant or not!
This, unfortunately, indicates a clear lack of understanding of rental law. Giving a right to tenure in the premises virtually for life (except for a housing repossession under conditions that exceed common sense) to a tenant, i.e. to an occupant without a contractual relationship, is highly detrimental.
It should be remembered that the right to the use of a housing and the recovery thereof, in very specific and rare cases, is an integral part of the right to property. Tenants are already well protected by law in the case of repossession of a housing. The process of repossession of a housing is tedious and never a guarantee of success, in addition to be expensive, because compensation must often be paid to the tenant.
The APQ is upset by such a lack of respect for the rights of owners already ridiculously limited in their own building.
But the Association of Québec Landlords (APQ) will not let such a bill violate the rights of the owners:
"We have invited the leaders of the four parties, following the leaders' debates, to take a few training sessions in rental law. After having invited them to the school benches of the APQ, we affirm that we will invite them on the benches of the Courts," says Martin Messier.
Eviction in winter
Will Québec Solidaire show solidarity with the owners of rental housing by helping them pay their mortgage while their tenants are comfortably installed in the housing, non-paid for 3, 4, or 5 months?
Will Québec Solidaire take steps to collect unpaid rents? These initiatives are already proving to be futile against people who do only receive state aid. It is therefore clearly demanded to let a tenant live for free in his apartment because he is elderly! This kind of provision adds weight to bear on the shoulders of the owner and disconnects the tenant from his responsibilities.
The owners of revenue-generating dwellings are already exhausted by the current rental law and its application and by the protection granted to the tenants, which opens wide the door to abuse. One must stop withdrawing the rights from property owners before they will eventually withdraw from the market.
Founded in 1984, the Association of Québec Landlords (APQ) is the most important association providing services to owners of rental housing in all the regions of Québec. It also provides an evaluation service on tenants which is unique in Québec.