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标题: 房东说他父母要来住房子，要我搬走(有lease)。请问合理么？ [打印本页]

作者: Xintong 时间: 2015-8-26 21:34
标题: 房东说他父母要来住房子，要我搬走(有lease)。请问合理么？
我们签署了lease，还有半年到期。
lease并没有附加条款说明房东可以提前终止lease。
房东说自己父母要来住，可以申请一个什么程序，
这样要求我们搬走是符合法律的。
给我们一个月的时间，希望我们尽快搬走。
请问这种说法合理么？
是否真如他所说，可以申请那个什么程序？

作者: elongwoo 时间: 2015-8-26 22:49
他所说的程序叫做REPOSSESSION OF A DWELLING.
你可以根据以下的法律条文来判断，或者找Régie du logement (MONTREAL RENTAL BOARD) http://www.rdl.gouv.qc.ca/en/accueil/accueil.asp,他们会热心的给你解释你的权力，并告诉你该怎样一步一步的做，而且这个组织诗篇想保护租客的。

根据魁北克省民法典 ART.1960 CCQ: 1960. A lessor wishing to repossess a dwelling or to evict a lessee shall notify him at least six months before the expiry of the lease in the case of a lease with a fixed term; if the term of the lease is six months or less, the notice is of one month.

In the case of a lease with an indeterminate term, the notice shall be given six months before the date of repossession or eviction.
也就是说如果你的LEASE是12个月的，房东应该提前6个月给你书面通知；如果是6个月的LEASE,提前一个月发书面通知。

民法对这类纠纷的详细说明如下：
1961. In a notice of repossession, the date fixed for the dwelling to be repossessed, the name of the beneficiary and, where applicable, the degree of relationship or the bond between the beneficiary and the lessor shall be indicated.

In a notice of eviction, the reason for and the date of eviction shall be indicated.

Repossession or eviction may take effect on a later date, however, upon the application of the lessee and with the authorization of the court.

1962. Within one month after receiving notice of repossession, the lessee is bound to notify the lessor as to whether or not he intends to comply with the notice; otherwise, he is deemed to have refused to vacate the dwelling.

1963. If the lessee refuses to vacate the dwelling, the lessor may nevertheless repossess it with the authorization of the court.

The application for authorization must be made within one month after the refusal by the lessee; the lessor shall show the court that he truly intends to repossess the dwelling for the purpose mentioned in the notice and not as a pretext for other purposes.

1964. The lessor may not, without the consent of the lessee, avail himself of the right to repossess the dwelling where he owns another dwelling that is vacant or offered for rent on the date fixed for repossession, and that is of the same type as that occupied by the lessee, situated in the same neighbourhood and at equivalent rent.
1965. The lessor shall pay an indemnity equal to three months' rent and reasonable moving expenses to the evicted lessee. If the lessee considers that the injury he suffers warrants greater damages, he may apply to the court to have the amount fixed.

The indemnity is payable at the expiry of the lease; the moving expenses are payable on presentation of vouchers.
1966. Within one month after receiving the notice of eviction, the lessee may apply to the court to object to the subdivision, enlargement or change of destination of the dwelling; otherwise, he is deemed to have consented to vacate the premises.

Where an objection is brought, the burden is on the lessor to show that he truly intends to subdivide, enlarge or change the destination of the dwelling and that he is permitted to do so by law.
1967. Where the court authorizes repossession or eviction, it may impose such conditions as it considers just and reasonable, including, in the case of repossession, payment to the lessee of an indemnity equivalent to his moving expenses.

作者: elongwoo 时间: 2015-8-26 22:51
他所说的程序叫做REPOSSESSION OF A DWELLING.

你可以根据以下的法律条文来判断，或者找Régie du logement (MONTREAL RENTAL BOARD) http://www.rdl.gouv.qc.ca/en/accueil/accueil.asp,他们会热心的给你解释你的权力，并告诉你该怎样一步一步的做，而且这个组织诗篇想保护租客的。

根据魁北克省民法典 ART.1960 CCQ:
1960. A lessor wishing to repossess a dwelling or to evict a lessee shall notify him at least six months before the expiry of the lease in the case of a lease with a fixed term; if the term of the lease is six months or less, the notice is of one month.

In the case of a lease with an indeterminate term, the notice shall be given six months before the date of repossession or eviction.

也就是说如果你的LEASE是12个月的，房东应该提前6个月给你书面通知；如果是6个月的LEASE,提前一个月发书面通知。

民法对这类纠纷的详细说明如下：
1961. In a notice of repossession, the date fixed for the dwelling to be repossessed, the name of the beneficiary and, where applicable, the degree of relationship or the bond between the beneficiary and the lessor shall be indicated.

In a notice of eviction, the reason for and the date of eviction shall be indicated.

Repossession or eviction may take effect on a later date, however, upon the application of the lessee and with the authorization of the court.

1962. Within one month after receiving notice of repossession, the lessee is bound to notify the lessor as to whether or not he intends to comply with the notice; otherwise, he is deemed to have refused to vacate the dwelling.

1963. If the lessee refuses to vacate the dwelling, the lessor may nevertheless repossess it with the authorization of the court.

The application for authorization must be made within one month after the refusal by the lessee; the lessor shall show the court that he truly intends to repossess the dwelling for the purpose mentioned in the notice and not as a pretext for other purposes.

1964. The lessor may not, without the consent of the lessee, avail himself of the right to repossess the dwelling where he owns another dwelling that is vacant or offered for rent on the date fixed for repossession, and that is of the same type as that occupied by the lessee, situated in the same neighbourhood and at equivalent rent.
1965. The lessor shall pay an indemnity equal to three months' rent and reasonable moving expenses to the evicted lessee. If the lessee considers that the injury he suffers warrants greater damages, he may apply to the court to have the amount fixed.

The indemnity is payable at the expiry of the lease; the moving expenses are payable on presentation of vouchers.
1966. Within one month after receiving the notice of eviction, the lessee may apply to the court to object to the subdivision, enlargement or change of destination of the dwelling; otherwise, he is deemed to have consented to vacate the premises.

Where an objection is brought, the burden is on the lessor to show that he truly intends to subdivide, enlarge or change the destination of the dwelling and that he is permitted to do so by law.
1967. Where the court authorizes repossession or eviction, it may impose such conditions as it considers just and reasonable, including, in the case of repossession, payment to the lessee of an indemnity equivalent to his moving expenses.

作者: new移民 时间: 2015-8-27 06:37
到租房委员会去问问: http://www.rdl.gouv.qc.ca/en/accueil/accueil.asp

作者: flyerman 时间: 2015-8-27 07:17
是合理的。但需要房东给你挂号信。貌似是提前两个月还是三个月通知，而不是一个月。

作者: elongwoo 时间: 2015-8-27 08:38
他所说的程序叫做REPOSSESSION OF A DWELLING.

你可以根据以下的法律条文来判断，或者找Régie du logement (MONTREAL RENTAL BOARD) http://www.rdl.gouv.qc.ca/en/accueil/accueil.asp,他们会热心的给你解释你的权力，并告诉你该怎样一步一步的做，而且这个组织诗篇想保护租客的。

根据魁北克省民法典 ART.1960 CCQ:
1960. A lessor wishing to repossess a dwelling or to evict a lessee shall notify him at least six months before the expiry of the lease in the case of a lease with a fixed term; if the term of the lease is six months or less, the notice is of one month.

In the case of a lease with an indeterminate term, the notice shall be given six months before the date of repossession or eviction.

也就是说如果你的LEASE是12个月的，房东应该提前6个月给你书面通知；如果是6个月的LEASE,提前一个月发书面通知。

民法对这类纠纷的详细说明如下：
1961. In a notice of repossession, the date fixed for the dwelling to be repossessed, the name of the beneficiary and, where applicable, the degree of relationship or the bond between the beneficiary and the lessor shall be indicated.

In a notice of eviction, the reason for and the date of eviction shall be indicated.

Repossession or eviction may take effect on a later date, however, upon the application of the lessee and with the authorization of the court.

1962. Within one month after receiving notice of repossession, the lessee is bound to notify the lessor as to whether or not he intends to comply with the notice; otherwise, he is deemed to have refused to vacate the dwelling.

1963. If the lessee refuses to vacate the dwelling, the lessor may nevertheless repossess it with the authorization of the court.

The application for authorization must be made within one month after the refusal by the lessee; the lessor shall show the court that he truly intends to repossess the dwelling for the purpose mentioned in the notice and not as a pretext for other purposes.

1964. The lessor may not, without the consent of the lessee, avail himself of the right to repossess the dwelling where he owns another dwelling that is vacant or offered for rent on the date fixed for repossession, and that is of the same type as that occupied by the lessee, situated in the same neighbourhood and at equivalent rent.
1965. The lessor shall pay an indemnity equal to three months' rent and reasonable moving expenses to the evicted lessee. If the lessee considers that the injury he suffers warrants greater damages, he may apply to the court to have the amount fixed.

The indemnity is payable at the expiry of the lease; the moving expenses are payable on presentation of vouchers.
1966. Within one month after receiving the notice of eviction, the lessee may apply to the court to object to the subdivision, enlargement or change of destination of the dwelling; otherwise, he is deemed to have consented to vacate the premises.

Where an objection is brought, the burden is on the lessor to show that he truly intends to subdivide, enlarge or change the destination of the dwelling and that he is permitted to do so by law.
1967. Where the court authorizes repossession or eviction, it may impose such conditions as it considers just and reasonable, including, in the case of repossession, payment to the lessee of an indemnity equivalent to his moving expenses.

作者: elongwoo 时间: 2015-8-27 08:48
他所说的程序叫做REPOSSESSION OF A DWELLING.

你可以根据以下的法律条文来判断，或者找Régie du logement (MONTREAL RENTAL BOARD) http://www.rdl.gouv.qc.ca/en/accueil/accueil.asp,他们会热心的给你解释你的权力，并告诉你该怎样一步一步的做，而且这个组织诗篇想保护租客的。

根据魁北克省民法典 ART.1960 CCQ:
1960. A lessor wishing to repossess a dwelling or to evict a lessee shall notify him at least six months before the expiry of the lease in the case of a lease with a fixed term; if the term of the lease is six months or less, the notice is of one month.

In the case of a lease with an indeterminate term, the notice shall be given six months before the date of repossession or eviction.

也就是说如果你的LEASE是12个月的，房东应该提前6个月给你书面通知；如果是6个月的LEASE,提前一个月发书面通知。

民法对这类纠纷的详细说明如下：
1961. In a notice of repossession, the date fixed for the dwelling to be repossessed, the name of the beneficiary and, where applicable, the degree of relationship or the bond between the beneficiary and the lessor shall be indicated.

In a notice of eviction, the reason for and the date of eviction shall be indicated.

Repossession or eviction may take effect on a later date, however, upon the application of the lessee and with the authorization of the court.

1962. Within one month after receiving notice of repossession, the lessee is bound to notify the lessor as to whether or not he intends to comply with the notice; otherwise, he is deemed to have refused to vacate the dwelling.

1963. If the lessee refuses to vacate the dwelling, the lessor may nevertheless repossess it with the authorization of the court.

The application for authorization must be made within one month after the refusal by the lessee; the lessor shall show the court that he truly intends to repossess the dwelling for the purpose mentioned in the notice and not as a pretext for other purposes.

1964. The lessor may not, without the consent of the lessee, avail himself of the right to repossess the dwelling where he owns another dwelling that is vacant or offered for rent on the date fixed for repossession, and that is of the same type as that occupied by the lessee, situated in the same neighbourhood and at equivalent rent.
1965. The lessor shall pay an indemnity equal to three months' rent and reasonable moving expenses to the evicted lessee. If the lessee considers that the injury he suffers warrants greater damages, he may apply to the court to have the amount fixed.

The indemnity is payable at the expiry of the lease; the moving expenses are payable on presentation of vouchers.
1966. Within one month after receiving the notice of eviction, the lessee may apply to the court to object to the subdivision, enlargement or change of destination of the dwelling; otherwise, he is deemed to have consented to vacate the premises.

Where an objection is brought, the burden is on the lessor to show that he truly intends to subdivide, enlarge or change the destination of the dwelling and that he is permitted to do so by law.
1967. Where the court authorizes repossession or eviction, it may impose such conditions as it considers just and reasonable, including, in the case of repossession, payment to the lessee of an indemnity equivalent to his moving expenses.

作者: elongwoo 时间: 2015-8-27 09:32
这个程序是Repossession of dwelling.

魁北克民法规定，12个月的lease得在有效期前的6个月通知,6个月的lease得提前一个月通知。房客接到通知后一个月内的时间回复，如果拒绝搬走，就跟业主上小额法庭，法官会根据业主对使用这个程序提供的证据进行验证，如果一切属实，最后会要求你搬走，但是业主必须给你三个月的房租加上搬家费进行补偿。

楼主可以Google Code civil du Québec annoté - Article 1960,从artice1960到1966全是跟你情况相关的法律条文，写得很清楚。同时你也可以去Régie du logement寻求帮助，他们会耐心的帮助你的，告诉你一步步的程序怎么走，因为他们是倾向保护访客的。

作者: Xintong 时间: 2015-8-27 15:26

new移民发表于 2015-8-27 07:37
到租房委员会去问问: http://www.rdl.gouv.qc.ca/en/accueil/accueil.asp

谢谢！

作者: Xintong 时间: 2015-8-27 15:28

elongwoo 发表于 2015-8-27 10:32
这个程序是Repossession of dwelling.

魁北克民法规定，12个月的lease得在有效期前的6个月通知,6个月的lea ...

十分感谢！

作者: Xintong 时间: 2015-8-27 15:30

flyerman 发表于 2015-8-27 08:17
是合理的。但需要房东给你挂号信。貌似是提前两个月还是三个月通知，而不是一个月。 ...

谢谢！

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