What types of rental accommodations are covered by Quebec legislation governing residential tenancies?
The province's Regie du logement and the Civil Code of Quebec govern the rental of all principal / permanent residential rental premises, including the lease of a room, mobile home placed on a chassis, or land intended as a mobile home site.
What types of rental accommodations are NOT covered by this legislation?
- Accommodation leased as a vacation resort
- Premises in which over 1/3 of the total floor area is used for purposes other than residential
- Lease of a room in a health or social services institution (except pursuant to article 1974 of the Civil Code of Quebec)
- Lease of a room in a hotel establishment
- Lease of a room situated in the principal residence of the landlord, if not more than two rooms are rented or offered for rent and if the room has neither a separate entrance from the outside nor sanitary facilities separate from those used by the landlord.
What types of rental periods are provided for in the legislation?
All types of rental periods are allowed (week-to-week, month-to-month, year-to-year, etc). It is even possible to have a lease for no fixed term.
Is a written lease required?
Since September 1, 1996, the lease form of the Regie du logement is
mandatory. It must be used for any new residential lease, whether it is for a room, an apartment, a condominium, a house, etc.
Also the schedule entitled
Services for the Elderly must be completed whenever special services are offered to elderly or handicapped persons. Leases that include this schedule are sold at the offices of the Regie du logement and in Quebec bookstores.
If the lease is for land that is being used for the installation of a motor home, the mandatory lease form to be completed is the
Lease of Land Intended for the Installation of a Mobile Home. If the lease is for a dwelling in a cooperative, the mandatory lease form to be completed is the
Lease of Dwelling in a Cooperative. These forms are both available from the offices of the Regie.
There are also special mandatory lease forms pertaining to rentals of low-rental housing and rentals of dwellings to students by an educational institution.
What if I do not have a written lease for my rental premises?
If the lease is a verbal lease, the landlord must give the tenant a form entitled
Mandatory Writing within 10 days of the agreement. This form may be obtained from the offices of the Regie.
What are the landlord's main obligations under the lease?
The main obligations of the landlord are:
- to deliver the premises in a good state of repair, habitable and clean condition,
- to allow the tenant peaceful enjoyment of the premises so long as the tenant pays the rent and observes the other conditions of the lease,
- to maintain the premises in a good habitable condition,
- to warrant that the premises be used for the purpose for which it was leased, and mainitain the premises for that purpose throughout the term of the lease,
- to make all necessary repairs except for those that are the responsibility of the tenant,
- to comply with the laws governing the safety, sanitation, maintenance and habitability of the premises,
- not to alter the form or designation of the premises.
What are the tenant's main obligations under the lease?
The main obligations of the landlord are:
- to pay the rent on time,
- to use the premises for the purpose for which it was leased, and to maintain the premises in a clean condition,
- not to make alterations to the premises,
- to comply with the laws governing the safety and sanitation of the premises,
- to make the repairs for which the tenant is responsible,
- to allow the landlord access to make urgent and necessary repairs,
- to allow the landlord to verify the condition of the premises, to show it to potential buyers or prospective tenants, and to post signs for renting or selling the premises,
- not to change the locks,
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- not to act in such a manner as may disturb other occupants or neighbours,
- to inform the landlord about serious defects or deterioration,
- at the end of the term, to remove all of the tenant's property and leave the premises in the same condition as when he/she received it.
When can the landlord increase the rent?
At the time that the lease is renewed, the landlord is free to request a rent increase that he/she deems just and reasonable, by written notice to the tenant. The tenant has the right to accept or to refuse the increase within one month following receipt of the landlord's notice. If the parties cannot reach an agreement on the rent increase or on any other modification of the lease, the landlord must file an
Application to Modify the Lease at the Régie du logement, within the month following the tenant's refusal.
I need to get out of my lease. Can I assign my lease or sublet to another person?
You cannot assign your lease or sublet if:
- you are a student renting a dwelling in an educational institution, or
- you are a tenant in low-rental housing, or
- you are the tenant of a dwelling which is used as the family residence and you or your spouse (married persons only) have notified the landlord of this, unless your spouse has given written consent to the assignment or sublet.
If you have found someone to take over your lease, you should sign a written assignment or sublease with them, which will be conditional on obtaining the landlord's consent. Next, advise the landlord, in writing, of the name and address of the interested person. The landlord will have 15 days from the date he/she receives your notice to accept or refuse the person you have proposed. Failure by the landlord to reply within the 15-day period presumes that he/she has consented. If he/she agrees, the landlord has the right to be reimbursed for reasonable related expenses, such as the cost of a credit search on the subtenant / assignee.
If the landlord refuses the person you have proposed, he/she must inform you in writing and give you the reasons for refusal, which must be serious in order to justify the refusal (such as an inability to pay the rent).
How can I exercise a recourse under the lease?
Landlords and tenants can both exercise their recourse against the other party, if the other party is not honouring its obligations under the lease, by filing an application with the Regie du logement. This can include such things as an application by the landlord because the tenant has failed to pay the rent, or an application by the tenant because the landlord has failed to make necessary repairs. A hearing will be held before the Tribunal, who will render a decision. Either party may then contest the decision, if they feel it is unjust or incorrect.
The foregoing summary is provided for information purposes only and is not to be considered legal or business advice. The information may not be complete, accurate or applicable for any particular situation and should not be relied upon.
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