Régie du logement
When a lease expires, it is renewed under the same terms and for the same duration, unless the lease was for more than 12 months, in which case it is only renewed for 12 months. In the renewal process, the lessor (landlord) may modify the lease, for example by increasing the rent or by modifying some other condition such as heating or parking. However, he or she must notify the lessee (tenant) within the period prescribed. Renewal Without Notice A lessee who does not receive a notice of modification and wishes to renew the lease under the same conditions does not have to notify the lessor. The lease is renewed automatically. However, in the case of a full-time student who rents a dwelling from an educational institution, at least 1 month before the end of the lease the student must notify the institution in writing that he or she wishes to renew it. The postmark provides proof of compliance with the renewal deadline. Notice of Modification of the LeaseA lessor who wishes to modify the conditions of the lease (such as rent, heating, parking) must notify the lessee in writing of the proposed modifications, within the period prescribed. If the lease was signed by several co-tenants, the lessor must send a notice of modification of the lease to each co-tenant. A letter merely asking the lessee if he or she wishes to continue living in the dwelling does not constitute a notice of modification. The lessee does not have to answer such a letter. Lessee’s Reply to the Notice of Modification of the LeaseUpon receipt of the notice, the lessee has 3 choices:
If the lessee does not reply to the notice of modification of the lease within the period prescribed, he or she is deemed to have accepted renewal of the lease with the modifications proposed by the lessor. A lessee who accepts the proposed modifications does not have to reply to the notice of modification of the lease. The lease will be renewed automatically. A lessee who refuses the proposed modifications must notify the lessor in writing within the period prescribed. He or she does not have to vacate the dwelling. If the parties fail to reach agreement and the lessor contests the lessee’s refusal within the period prescribed, the lease is renewed and the dispute will be heard by the Régie du logement. If the lessor does not contest the lessee’s refusal within the period prescribed, the lease is renewed without the proposed modifications. Lessor Who Contests a Lessee’s Refusal If the lessor wishes to contest the lessee’s refusal of the proposed modifications to the lease, he or she must file an application with the Régie to modify the lease. Lessors who file an application to modify a lease with regard to rent are no longer bound by the amount proposed in the notice of modification of the lease. If they specify an amount in their application, the judge cannot grant an increase exceeding that 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 be greater than the amount requested in the notice of modification of the lease. The Régie determines the maximum rent that can be charged, based on the building’s revenue and expenses for the calendar year preceding the end of the lease, except in the case of preferential rent (see Definitions). For the latter, the rent may be set on the basis of the value of comparable dwellings. Non-renewal of the Lease A lessee who does not wish to renew a lease, regardless of whether he or she received a notice of modification of the lease, must notify the lessor in writing within the period prescribed. Tool for Calculating Rent Increases There is no set rate for rent increases. Each case is unique. For both lessors and lessees, the Régie offers a tool for calculating the rent, taking into account any changes in municipal and school taxes, insurance premiums, the building’s overall operating costs, and any major repairs or improvements. The form Calculation 2017: How to Agree on the Rent, and its companion document, Example of How to Use the Calculation 2017 Form, are provided for this purpose. Calculation ExampleThe following calculation example does not take into account the specific details of every building and dwelling. A given building’s operating costs and revenue may justify a different increase than this example, notably if major repairs or improvements were done.
Preferential RentPreferential rent is less than the amount that is usually charged for a comparable dwelling, for one of the following reasons:
Since the clientele and requirements vary depending on the service, this information is provided for each service.
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.