Régie du logement
In the event of a dispute, lessors and lessees can assert their rights by applying to the Régie du logement and serving notice on the party against whom action is being taken. Both parties will be summoned to a hearing. Recourse available to lessors (landlords)Lessors can exercise recourse by applying to the Régie in cases such as the following:
Recourse available to lessees (tenants)A lessee can exercise recourse by applying to the Régie in cases such as the following:
In the case of an application to lower the rent, the lessor will be entitled to the full amount of the rent again once the obligation has been discharged or the situation returns to normal. Amendments The applicant may complete or modify his or her application by means of an amendment. The amendment must then be submitted to the Régie and served on the party against whom action is being taken before the hearing. Proof that the amendment was served on the other party must be submitted to the commissioner at the start of the hearing.
The amendment must not result in an application that is entirely new and unrelated to the original claim, or unnecessary, or contrary to the interests of justice.
A copy of the original application must be served on the other party at the same time as the amendment. The applicant is allowed to make an amendment verbally during the hearing if the other party is present and the commissioner agrees.
Representation mandate If, for a serious reason, the applicant or the defendant cannot be present at the hearing, he or she may be represented by his or her spouse, a lawyer, a relative or an in-law, or, if he or she does not have any relatives in the territory of the local municipality, by a friend.
Unless the mandatary is a lawyer or the spouse of the person being represented, the latter must furnish a signed, written mandate indicating the reasons he or she cannot be present at the hearing. The mandatary may not charge for his or her services.
If the application is for a claim of $15,000 or less, the applicant or defendant may not be represented by a lawyer. Postponement of the hearing The applicant or defendant may request that the hearing be postponed to a later date by submitting the written consent of the other party to the Régie. Either party may also request a postponement in writing, or verbally at the hearing. In the latter case, it is up to the commissioner to decide whether a postponement is possible given the circumstances of the case.
Discontinuance or agreement Applicants may discontinue their application for recourse or the parties may reach an agreement even after the application has been filed with the Régie. The discontinuance or agreement may occur before or during the hearing.
Decision of the Régie du logementAfter the case has been heard, the Régie can either dismiss the application or grant it in whole or in part. It informs both parties of its decision in writing.
The applicant can accept the decision and have it executed, or contest it. The defendant can comply the decision voluntarily or contest it.
Depending on the nature of the application, a decision may be appealed with the permission of a judge of the Court of Québec. It may also be reviewed by the Régie in the cases specified in the Act respecting the Régie du logement. However, If the Régie has rendered a review decision, both parties must abide by it and may not lodge an appeal with the Court of Québec.
The Régie’s decisions can be consulted on the website of the Société québécoise d’information juridique.
Preferential rentPreferential rent is rent for a dwelling that is less than the amount usually charged for a comparable dwelling, where:
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