A tenant may resiliate a lease if no longer able to occupy the dwelling because of a handicap or the worsening of their disability.
To resiliate a lease because of a handicap, the tenant must send the owner, within the prescribed deadline, a written notice stating the cause of the termination and the date of departure, along with the required document.
Resiliation of the lease takes effect
- 2 months after the notice is sent, if the lease is for a term of 12 months or more;
- 1 month after the notice is sent, if the lease is for an indeterminate term or a term of less than 12 months.
The lease can be resiliated more quickly if an agreement is reached between the tenant and the landlord or if the dwelling is rented to another person. Once the lease has been resiliated, the tenant is no longer required to pay the rent.
If the tenant, leaves the dwelling before the resiliation takes effect, he or she must continue to pay the rent until the prescribed date The tenant must also pay for any personal services or care provided for in the lease and received before the termination of the lease.
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.