As an owner, you are entitled to rent out your condo. However, you should know that condo property rental in co-ownership needs to follow certain rules.
Discover the possibilities and limitations of condo rentals as well as the rights and obligations of the tenant, the owner, and the syndicate of co-owners.
What are the possibilities with respect to condo property rental in co-ownership?
Here are the rental possibilities depending on your condo being divided or undivided.
Divided condominium rental
In principle, it is possible to rent a fraction of a divided co-ownership condominium, as long as the intended purpose of the divided condo building is respected. However, you should know that many condominiums have a clause in their declaration of co-ownership prohibiting offering a condo as a short-term rental. Contact your condo syndicate manager to verify the existence of such a clause.
Undivided condominium rental
Condo units in undivided co-ownership condominiums are among the properties that can never be offered for rental. Even if all the co-owners agree, the rules of the mortgage do not allow them to be rented.
Limitations and laws regarding property rental in co-ownership
Co-ownership implies responsibilities and rules to follow when renting your condo.
Compliance with the law and the declaration of co-ownership
If nothing prohibits renting a condo unit in a condominium, the owner and the tenant are still required to respect their obligations, which are stipulated in:
- the law;
- and the declaration of co-ownership.
Compliance with the provisions of the building by-laws approved at the meeting of co-owners is part of this.
The adjustment of the rental rights
The rental of a condominium fraction may be regulated, even if this is not stipulated in the declaration of co-ownership. This is what the Court of Appeal of Quebec has recognized, particularly in the case of residential buildings that wish to prohibit short-term rentals.
Rights/obligations of the parties in the case of property rental in co-ownership
Renting a property in a condominium involves specific rights and obligations.
The rights and obligations of tenants
In a condominium, tenants have the same rights as occupying co-owners and tenants of apartment buildings (article 1893 of the Civil Code of Québec). Like any occupant of the condominium, they must also comply with the provisions of the building by-laws communicated by the owner or the condo administrator.
The rights and obligations of co-owners
Any co-owner is entitled to rent out their condo, but the building by-laws, containing the rules related to the use and maintenance of the portions, may impose a minimum rental period (often one year). In this case, it is impossible for the co-owner to offer their property as an Airbnb, for example.
The landlord who rents out their condo must:
- inform the syndicate of co-owners,
- provide a copy of the condominium building by-laws and their amendments to the tenant,
- verify that the tenant is carrying out the usual inspections and maintenance (fire alarm, etc.),
- and verify what the syndicate’s insurance covers and, accordingly and if necessary, insure themselves as a co-owner/landlord and verify that their tenant also has insurance.
The rights and obligations of the condominium
The Civil Code of Québec authorizes the syndicate of co-owners to terminate the lease of a tenant who, by failing to fulfill their obligations, causes damage to their landlord or to an occupant of the building.
Be supported by a condominium expert
If you are considering renting out your condo unit for a short or long term, you have every interest in contacting a professional.
Get in touch with a condominium expert such as Condo Stratégis, which, in addition to being perfectly familiar with the laws governing rentals, will be able to estimate your property and advise you on enhancing it. That way, you will rent out your condo quickly and in the best conditions.