In a recent judgement, the Superior Court of Quebec rendered a decision that evoked certain basic principles, a reminder to tenants who are in a hurry to leave their rented premises.

The case involved a lease that came to term on October 31, 2013. In June 2013, the landlord received an e-mail from a Ms. Brunet, stating that she was the tenant's new representative and was responsible for renewing the lease. She informed the landlord that the tenant would be renewing the lease for a 3-year period and that he had agreed to the new rental fee. The landlord replied that he would draw up a lease for the tenant to sign.

Beginning in November 2013, the tenant began paying the rent at the new rate. Imagine the lessor's surprise, then, when he received a letter from the tenant stating that he would be vacating the premises in February 2014.

The landlord then claimed all the rent due for the 3-year period. The court ruled that the tenant could not invoke the fact that he had not signed the lease, and thus that there was no valid lease. A lease is created when consent is given and, in this case, signing a written form is merely a formality. Moreover, the tenant could not claim that Ms. Brunet had no mandate to renew the lease. The lessor had reason to believe that she was indeed authorized to renew the lease, and that apparent mandate is sufficient to produce the desired effect. The court ordered the tenant to pay the lessor $156,363.41.

René Gauthier and Élise Veillette
Cain Lamarre, Lawyers and Notaries