Recourses before the Régie du logement
Régie du logement
There are two steps to exercising recourse before the Régie du logement:
Filing an application You can file an application:
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:
For all other types of recourse, the Application form and, if necessary, the Annexe renseignements supplémentaires form (in French only) 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 applicationTo 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:
Follow-up of recourseA lessor or lessee who has exercised recourse before the Régie can track the progress regarding his or her file using the online service “Consultation d'un dossier” (in French only) accessible on the Régie’s website (click the “Follow-up of Your File” tab).
Fees vary depending on the type of application. The following fee schedule is valid as of November 1, 2016:
Replacing on the roll a case struck off the roll Motion to reopen a hearing
Application to modify a lease:
If the rent is $350 or less: $46 If the rent is more than $350, but not more than $600: $57 If the rent is $600 or more: $74
Application for authorization to convert a building to divided co-ownership
The applicable fees are payable upon the filing of the application. NoteA person who proves that he or she receives financial support under a last resort financial assistance program is exempted from paying the above fees.
Application filed in person The fees may be paid in any of the following means:
Filing an application by mail The fee is payable by certified cheque or postal or bank money order made out to the ministre des Finances du Québec.
The content of the page:
Please provide any additional comments (details on the answers given above, difficulties met or suggestions for improvement) in the box below.
This box is not intended for inquiries. For security and privacy reasons, do not enter any personal information such as your social insurance number or email address.