A notice of increase for 2025 that risks being declared null and void by the Administrative Housing Tribunal

Legislative amendments came into force in 2024 and provide for significant changes to the notices of lease amendments.
The legislator wanted to provide in detail and very precisely what the landlord must INCLUDE IN A NOTICE OF MODIFICATION OF THE LEASE.

Many of you have communicated this increase in a way that would not be acknowledged by the Court in the event of a challenge.
So, many landlords simply send a text message saying the rent as of July 1st will be the following amount.

This is not permitted by law. The law provides that you must inform the tenant of the process in a precise way of the deadlines and options available to him.

We invite you to use the form "Notice of rent increase and modification of another condition of the lease" available on the website of the Tribunal administratif du logement (TAL) which presents the required characteristics at the following link:
https://www.tal.gouv.qc.ca/en/models-of-notices/find-a-notice-model

So this year, it's time to throw away the notices you had, to use this new form now.

Naturally, as always, you must make sure that you send the notices of modification within the period provided for by law and that you are able to prove that they have been received by the tenant within the allotted time.

If you send it by registered mail, it will be possible to demonstrate that you have complied with this obligation as long as you have proof that you have deposited the registered mail with Canada Post within the prescribed period, even if the tenant will pick up the notice after the deadline.

If the tenant does not pick up the notice and it is returned to you, it will then be up to you to serve it in another way, for example by bailiff, and show that you served it quickly after receiving the return of the registered mail that was not collected.

We invite you to attend the Rent Fixing Clinic where we will give you the details of the entire process related to the rent increase and notices.