Régie du logement
When a residential rental building is sold, the new lessor has the same obligations toward the lessees and the same rights as the previous lessor. Accordingly, the new lessor must respect every condition of the lesses’ leases until the leases expire. Similarly, the lessees must continue to respect the conditions of their lease after the building has changed hands. The new lessor must find out from the previous lessor how much rent each lessee pays and if any special arrangements were made for any of the leases. He or she must also personnaly notify each lessee of his or her name and address or identify the person to whom the rent must be paid. The new lessor should also find out if the previous lessor is involved in any court cases. Right to maintain occupancy Lessees are entitled to stay in their dwelling as long as they wish, provided that they fulfil their obligations. The new lessor may not evict a lessee, except where provided for by law. Lease renewal The new lessor may not increase the rent or modify any other condition of a lease until the lease expires, in which case the lessor must comply with the statutory rules of procedure. The requested modifications take effect upon the lease’s renewal, if the lessee renews the lease.
If there is a disagreement on the rent or a condition of the lease, lessors or lessees can file an application to the Régie du logement, in accordance with the conditions provided for by law. However, neither lessors nor lessees can have the Régie fix the rent or modify other conditions of a lease if the dwelling is located in a building that is less than five years old or in a building that has been converted for residential rental purposes less than 5 years ago (e.g. a commercial space converted into housing units).
If the lessor does not send the lessee written notice of a modification of the lease, the lease is automatically renewed under the same conditions and for the same term except if the lease is for 12 months or more, which is renewed for 12 months only. If a lessee decides not to renew the lease, he or she must notify the lessor within the prescribed time.
Major work Major work may be carried out by the new lessor during the lease provided that he or she complies with the statutory rules of procedure. Repossession of a dwelling A new landlord may repossess a dwelling for his or her own use or to have his or her father, mother, son or daughter live there, or any other relative or person connected by marriage or a civil union of whom the lessor is the main material or moral support, provided that he or she complies with the statutory rules of procedure. Conversion of a building to divided co-ownership (condominium)A new landlord may convert a building to divided co-ownership (a condominium) where authorized by both the municipality and the Régie du logement. Demolition, subdivision, enlargement or change of destination of a dwelling A new landlord may tear down, subdivide, enlarge or change the destination of a building provided that he or she complies with the statutory rules of procedure. RecourseIn the event of a dispute between the lessor and the lessee concerning their respective obligations, either party may file an application with the Régie du logement. The parties will then have to prepare for a hearing.
Proof of deliveryThe Régie recommends that notices between lessors and lessees be provided in one of the following ways:
In the event of a hearing, proof that a notice has been sent and received may be required.
New building lessors who rent:
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