Clauses in PSR leases
PSR leases cannot be exempted from residential tenancy provisions. However, we have witnessed the content of certain leases that could be construed as an infringement of tenants' rights.
For example, certain promotional clauses can be included in a lease. However, they are conditional on compliance with certain standards set by the residence. For example, a promotion may be offered to a tenant on condition that he or she does not behave in a disruptive manner, or on condition that he or she does not refuse a rent increase when the lease comes up for renewal.
Did you know that these clauses could be considered abusive because they impose an unreasonable obligation on the tenant?
Indeed, this type of condition could be interpreted as a way of sanctioning behavior. Especially since the landlord cannot penalize the exercise of a tenant's right under the Civil Code of Quebec. In such cases, the Tribunal administratif du logement could conclude that the lease condition is null and void, since it is tantamount to a penal clause.
If you're unsure about a clause in a lease, you can ask inquire at any point in the contractual process, whether you're signing, renewing or terminating a lease.
The information presented in this article is provided for informational purposes only. It does not constitute legal advice and should not be construed as such.