REAL ESTATE LAW AND TENANCY LAW
Real estate and tenancy or lease law is a vast field that affects both individuals and businesses, whether as owners or tenants.
During renovation work, or the demolition and reconstruction of a building, owners or neighbour, may face disputes under public law, in particular following the refusal of building permits or opposition to the granting of such permits, or lease law issues when the building concerned is occupied by tenants.
For instance, we are frequently entrusted by clients in connection with public construction law disputes, such as filing or responding to an objection to a building or demolition permit, contesting a refusal to grant a building permit, or advising them on the conditions attached to a permit, in particular with regard to rent control by the State.
We are also consulted on issues relating to rights in rem, such as the creation or scope of easements or movable or immovable securities, in particular, and are called upon to represent landlords in the context of proceedings for the registration of legal mortgages.
We also deal with disputes arising from service contracts between clients and contractors, in connection with defective work.
We are also entrusted with mandates involving neighbourhood conflicts, which must be approached with diplomacy in order to ease tensions between parties who are forced to continue living in close proximity.
In addition, our specialist lawyers are called upon to settle numerous disputes between co-owners by floor (challenging decisions of a general meeting, requesting action for injunctions to prevent or put a stop to disturbance, in particular), or on behalf of co-ownership administrators facing difficulties between co-owners, particularly in the context of the application of co-ownership by-laws.
With regard to tenancy law, at one time or another, anyone may have to face problems related to the occupation or rental of a house, an apartment, arcade, office, warehouse or parking lot, whether as an owner, joint owner, tenant or usufructuary.
We are regularly consulted by landlords who have been sued before lease and rental jurisdictions, in particular through motions contesting a notice of termination due to unpaid rents or other reasons, with regard to rent consignment, rent reductions, contesting the initial rent, opposing a rent increase or other procedures that raise a number of sometimes thorny legal questions calling for special knowledge.
Our specialist lawyers are able to advise clients on the most effective way to manage their case, either through a conciliatory approach, if this may lead to a speedy resolution of the dispute to everyone's satisfaction, or by initiating and conducting proceedings until their conclusion, when no reasonable agreement can be reached.
We also participate in drafting commercial or residential lease agreements in such a way that they comply with the applicable provisions and are adapted to any situation, and advise several real estate agencies with regard to lease and construction law.