Recourses before the Régie du logement

Exercising Recourse before the Régie du logement

There are 2 steps to exercising recourse before the Régie du logement:

  1. File an application with the Régie.
  2. Serve notice of the application on the other party.
Filing an application
You can file an application in 3 ways:
  • In person, go to an office of the Régie, complete the appropriate recourse form and pay the applicable fee.
  • By mail, download and complete the appropriate recourse form, attach your payment of the applicable fee, and send to the Régie.
  • Online, use the online service Filing an application online (in French only).
If the application concerns unpaid rent, a modification of the lease, or compensation if the tenant abandons the premises (re-renting expenses, damages), 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, complete the form Application, plus if necessary the form Appendix for additional information.
 
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 requested in the notice of lease modification. 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 lease modification.
 
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.
 
Multiple applications concerning the same parties can be combined 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 combined.
 
Serving notice of an application
To serve notice of 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 accusations against it and the outcome sought by the applicant, 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 notice of an application
The Régie does not require that notice be served in one specific way. However, the proof of service must convince the commissioner that each party has received a copy of the application.
 
The most common ways to serve notice of an application are:
  • by hand (proof: acknowledgement of receipt or the testimony of someone who was present)
  • by registered mail (proof: delivery confirmation and signature)
  • by bailiff (proof: bailiff’s report)
Follow-up of recourse
A lessor or lessee who has exercised recourse before the Régie can track the progress of the file using the online service Documents Related to Your Case on the Régie’s website (click the tab Follow-up of Your File).

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