Real estate dispute: understanding your rights and remedies

Application pratique:

This 1978 decision confirms that letting such attic premises for residential use can be deemed contrary to the building's intended purpose if they lack basic facilities and structural suitability. Before advertising, the landlord must check the co-ownership règlement (building rules) and contact the syndic (property manager) to confirm whether residential letting is permitted. If the attic is unsuitable, the landlord should either install necessary water and toilet facilities and reinforce the floor to meet legal habitation standards, or refrain from letting it as a dwelling to avoid lease cancellation, fines, or liability to the co-ownership.

Application pratique:

This case law warns that if the property is not suitable for residential use, the sale or future occupation may be legally challenged. Before signing any contract, the buyers must request the co-ownership règlement and the building's intended use declaration, and commission a technical survey of the floor load-bearing capacity and plumbing possibilities. If the survey shows the attic cannot meet minimum habitability standards, they should either renegotiate the price conditional on the seller carrying out works to install water and toilet and reinforce the floor, or withdraw from the purchase to avoid owning an unlettable and unsellable asset.

Application pratique:

The 1978 decision directly supports a co-owner's position that letting such an attic for residential use is contrary to the building's intended use, especially when it lacks basic facilities and the floor is structurally inadequate. The aggrieved co-owner should document the unsuitability with photos, noise logs, and an architect's report, then ask the syndic to enforce the co-ownership règlement and issue a formal demand to stop the residential letting. If the neighbour does not comply, the co-owner can bring a court action to have the letting declared unlawful and require the attic to be restored to its non-residential use or properly equipped, with the decision cited as precedent.