Recourses before the Régie du logement

Exercising Recourse before the Régie du logement

There are two steps to exercising recourse before the Régie du logement:

  • File an application with the Régie.
  • Serve the application on the party against whom action is being taken.

Filing an application
You can file an application:

  • In person, at a Régie office, by completing the appropriate recourse form and paying the applicable fee
  • By mail, by downloading and completing the appropriate recourse form and sending it to the Régie, along with the applicable fee.

If the application pertains to unpaid rent, a modification to the lease or compensation for re-renting and damages following abandonment of the premises by the tenant, the corresponding form must be used:

  • Application Regarding Unpaid Rent
  • Application to Modify the Lease
  • Application Relating to Abandonment

For all other types of recourse, the Application form and, if necessary, the Appendix for additional information form must be completed.

Application to modify a lease with regard to rent
Lessors who file an application to modify a lease with regard to rent are no longer bound by the amount they requested in the notice of modification of the lease. If they specify an amount in their application, the judge cannot grant an increase exceeding this amount. However, if they do not specify an amount and ask the Régie to calculate the maximum authorized amount based on the rent-fixation criteria, the increase may exceed the amount requested in the notice of modification of the lease.

The Régie determines the amount of rent payable based on the revenue and expenditures for the building applicable to the calendar year preceding the end of the lease, except for preferential rent (see Definitions).

Application regarding a rental building
To request authorization to convert a rental building to co-ownership or to dispose of a rental building that is part of a housing complex, the Régie recommends that you use a sheet of legal-size paper (8.5 x 14 inches) rather than the Application form, given the amount of information that must be provided.

Several applications concerning the same parties may be joined and heard at the same time. A motion to that effect must be filed with the Régie, and it is up to the commissioner to decide whether the applications can be joined.

Serving an application
To serve an application, the applicant must send a copy of the application, along with all amendments and motions, to each party against whom action is being taken.

By law, the party against whom action is being taken must be notified in advance of the accusation or accusations against it and the outcome sought, so that it can prepare an adequate defence for the hearing. Notification must be given as soon as possible; otherwise, the hearing may be postponed.

The application may not be served on the other party until the Régie has affixed its seal to it.

Ways to serve an application
Although the Régie does not impose a specific way to serve an application, the proof of service must convince the commissioner that each party has received a copy of the application.

The most common ways to serve an application are:

  • By hand (proof: an acknowledgement of receipt or the testimony of someone who was present)
  • By registered mail (proof: a delivery confirmation and signature)
  • By bailiff (proof: a return of service)

Follow-up of recourse
A lessor or lessee who has exercised recourse before the Régie can track the progress regarding his or her file using the online service “Documents Related to Your Case“ accessible on the Régie’s website (click the “Follow-up of Your File” tab).

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