C-50 - Act to promote conciliation between lessees and property-owners

Section 36 Disposition versions

1977-12-31

36. The owner who has recovered possession of a house for one of the purposes stated in section 34 may not at any time afterwards rent it or permit the use thereof for another purpose, unless he has obtained, previously, from the administrator authorization to do so and, if it is to be leased, the fixing of a maximum rent.

If the administrator is convinced, after having heard the interested parties, by the evidence and the circumstances that the owner was in bad faith in recovering possession of the house and that the reason given for such recovering of possession was a pretext to achieve another purpose, the administrator must only grant such authorization subject to the condition that the lessee evicted from the house under sections 34 and 35 may resume possession thereof, for the term and rent fixed by the administrator if, after having been informed by the latter of the owner’s application, the evicted lessee expresses the wish to do so.

If the evicted lessee does not avail himself of his right to recover possession of the house, authorization may be given to rent it to another person but, in such case, the administrator may make such authorization subject to any conditions which he may deem fair, including the fixing of the rent and the term of the lease.

1951-52, c. 17, s. 9; 1952-53, c. 9, s. 4.