If summer coincides with camping for many, a getaway can sometimes turn into a nightmare, both for campers and campsite administrators. The reason? This type of rental is not subject to the same rules as a residential rental contract.
The case has just been decided, although the facts go back several years. A regular customer of a campsite located in Lac-aux-Sables, a man is told that his contract for the summer season of 2019 will not be renewed. He is asked to leave the premises at the end of the season.
The problem? This same customer had complained on several occasions about clogged drains causing serious problems with the toilets in his trailer. The man felt he could not use the building, a point the court accepted, and found he could be compensated.
Defence based on lease
In defense, the campsite cited a clause in the lease that states that “Tenant shall not be entitled to any compensation or reduction in rent, nor any claim against Landlord for damages, costs, losses or expenses incurred by Tenant.”
An element that the court excluded, noting that this type of condition has no effect. Even more so when it is stipulated in the so-called membership contract. “Such a condition distorts the essence of the lease by depriving the tenant of any compensation,” we can read in the judgment.
A lease can have different terms and effects. Some campers prefer to sign a multi-day lease rather than consider a daily rate. Campers then settle in for an extended period of time and will sometimes need semi-permanent facilities on the leased land, if the campsite allows it. This type of lease is not subject to the same rules as a residential lease, which is intended to provide greater protection for the tenant, particularly with regard to the right to remain in the building.
However, the campsite is obliged to allow camper renters to enjoy the rented space in peace. Moreover, the latter may not include in the rental contract the repair of damages caused by his fault.
The campsite can expel its clients.
In this case, the court also found that the non-renewal of the lease was announced in sufficient time to allow the man to find a new campsite. Therefore, there was no bad faith on the part of the campsite and no amount should be given to the man for the expenses associated with moving the trailer and its accessories.
Another issue, another outcome. This time in the event of the lease expiring. As a general rule, the campsite has the right to terminate the lease or choose not to renew it without having to justify the reason.
One man learned this the hard way in a case that was decided this time in 2023. The man broke his contract and the campground's rules by allowing his partner to sleep in his trailer even though the regulation said it was “forbidden.”
Therefore, the camp evicted him on the same day. Although the gentleman requested a refund, he was denied because he did not respect the rules of the game despite his agreement to do so. In addition, the signed lease stipulated that no refunds would be made in this case. The court concluded that in such a context the campsite had the right to exercise its rights and terminate the lease.
The end of these stories? Lease agreements should be read and understood carefully before they are signed by both parties.
Media text – The law is changing! The legal information contained in this text is valid as of June 28, 2024. This text is for informational purposes only, not legal advice. Éducaloi is a non-profit organization whose mission is to disseminate the law and develop the legal skills of Quebecers.
