Resiliation of a Lease

Régie du logement

Resiliating or Modifying a Lease Following the Death of the Tenant

Tenants, the liquidators of a succession or an heir.

To terminate or modify a lease after the death of the tenant, send the owner the Notice regarding the death of the tenant within the prescribed time.

Death of a tenant living alone
When a tenant living alone dies, termination of the lease is permitted. In order to resiliate the lease, the liquidator of the succession or an heir must send a written notice to the landlord, within the prescribed time.

It is highly recommended to liquidators of the succession and heirs to use the form provided by the Régie du lodgement for that purpose, Notice regarding the death of the tenant, which complies with legal standards.

The termination of the lease takes effect 2 months after the notice, regardless of the duration of the lease. The liquidator or an heir must pay the rent until the lease is resiliated, unless the liquidator or an heir and the lessor so agree or the dwelling is re-leased.

If the tenant was receiving services or personal care as stipulated in the lease, the liquidator of the succession or the heir are only required to pay for the services or care that the tenant received before his or her death.

Death of a tenant living with a person who is not bound by the lease
The person who lived with the deceased tenant at the time of his or her death may become the new tenant and continue to occupy the dwelling by giving the landlord a written notice of his or her intention within the prescribed time.

It is highly recommended to persons who wish to take over the lease to use the form provided by the Régie du lodgement for that purpose, Notice regarding the death of the tenant, which complies with legal standards.

If the person has not notified the owner of his or her intention of becoming the new tenant, the liquidator of the succession or an heir may terminate the lease by giving the owner a written notice within the prescribed time.

It is highly recommended to the liquidator of the succession or an heir to use the form provided by the Régie du lodgement for that purpose, Notice regarding the death of the tenant, which complies with legal standards.

If the tenant was receiving services or personal care as stipulated in the lease, the liquidator of the succession or the heir are only required to pay for the services or care that the tenant received before his or her death.

Proof of delivery
The Régie recommends that notices between lessors and lessees be provided in one of the following ways:

  • By registered mail
  • By hand (obtain an acknowledgement of receipt)
  • By any other means enabling proof that that the notice has been sent and received

In the event of a hearing, proof that a notice has been sent and received may be required.

  • traduction anglaise
  • ;#16;#Régie du logement;#