Renewing or Modifying a Lease
Régie du logement
ClienteleLessees of dwellings. Restrictions for lessees who live in a cooperative or in a building that was recently built or recycledGenerally speaking, lessees cannot refuse a rent increase or a change to another condition of the lease if they are living in:
A lessee may nevertheless refuse the proposed change if the lessor failed to specify in Section F of the lease that the dwelling is subject to restrictions on the right to have the rent fixed and the lease modified by the Régie du logement, as it is located in one of the types of buildings described above.
If this information is specified in the lease and the five-year period has not expired, a lessee who refuses the proposed modification must leave the dwelling at the end of the lease. If this information is not specified in the lease, the lessee or lessor can ask the Régie to fix the rent or modify other conditions of the lease. Subsequently, the lessor can no longer avail himself or herself of the restrictions allowed for these types of dwellings. Restriction for lessees living in low-rental housingFor a dwelling in low-rental housing, special rules apply to fixing the rent or modifying another condition of the lease. Lessees may apply to the Régie:
After receiving a notice of modification of the lease, the lessee must reply to the lessor in writing, within the prescribed time period, clearly indicating that he or she has decided to:
A lessee who accepts the proposed modifications does not have reply to the notice of modification of the lease. If the lessee does not reply to the notice of modification of the lease, the lease is renewed with all of the modifications proposed by the lessor. The Régie strongly recommends using the model Tenant’s Reply to a Notice of Rent Increase and Modification of Another Condition of the Lease form, as it meets the statutory requirements. Proof of deliveryThe Régie recommends that the lessee notify the lessor in one of the following ways:
In the event of a hearing, proof that the lessee’s reply to the notice of modification of the lease has been sent and received may be required.
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