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Co-ownership Regulations and Lease Change Notice Regulation

Co-ownership Regulations and Lease Change Notice Regulation

On September 11, the Gazette officielle du Québec published two regulations that affect the real-estate world. 
• The first one reads as follows: "Regulation respecting the mandatory content of the notice of modification of the tenancy of a dwelling/ is a follow-up to Bill 65, An Act to limit the right of eviction of landlords and to strengthen the protection of elderly tenants.” 

During the various discussions in the Parliamentary Committee, the aim was to make the notice of modification of the lease more complete by adding mandatory information to the notice submitted. 
 
Regulation respecting the mandatory content of the notice of modification of the tenancy of a dwelling. 
An Act respecting the Administrative Housing Tribunal (chapter T-15.01, s. 108, 1st para., para. 6).  
Civil Code of Québec (Civil Code, s. 1943, 1st para.).  
An Act to limit the right of landlords to evict and to strengthen the protection of elderly tenants (2024, chapter 23, s. 4). 
1. The notice of modification of the conditions of tenancy of a dwelling must, in addition to the information prescribed by section 1943 of the Civil Code, amended by section 4 of the Act to limit the right of eviction of landlords and to strengthen the protection of elderly tenants (2024, chapter 23), reproduce the text contained in the schedule to this regulation. 
2. This regulation comes into force on the fifteenth day following the date of its publication in the Gazette officielle du Québec. 
 
The Association des Propriétaires du Québec (APQ) has modified its model offered to members in order to comply with it. 
 
The big changes are the imposition of the 3 answer choices: I refuse, I refuse but I stay, I leave. In addition to the sections of the law indicating the choices and the procedure for each party. 
 
This regulation may be adopted by the Government on the expiry of a period of 45 days from the date of this publication. This notice is now on 2 pages because the integration of the articles in the mandatory mention lengthens the notice. So it is very important to fill in AND use the 2 pages. You will find it in the Member section (after logging in), in the list of available documents. 
• The second is the Regulation establishing various rules concerning divided co-ownership. 
The second does not affect rental properties, but buildings held in co-ownership. This Regulation comes into force on the fifteenth day following the date of its publication in the Gazette officielle du Québec. It mainly affects 3 aspects: 
• THE MAINTENANCE BOOKLET 
• THE STUDY OF THE EMERGENCY FUND 
• THE SYNDICATE’S CERTIFICATE 
 
These new obligations are meant to obtain deadlines and inspections in order to ensure and allow the durability of a building by approved professionals. 

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Québec Landlords Association

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