How do the principal rules at the Régie du logement function? (part 2 of 2)

Increase in rent: notice and delays

In general, the lease of a dwelling is renewed automatically at the end of its term for the same duration and with the same rent, except if the owner warns the tenant in writing that he wishes to increase it. For the one year leases finishing on June 30, 2010, this notice can be delivered between January and  March 31, 2010. This delay is different if it concerns a room or a lease of another duration.

As of reception of the notice, the tenant must make a choice, either:

- To accept the increase: no answer is necessary, the lease is renewed and the tenant will pay the new rent as from July 2010.

- To refuse the increase: the lease is renewed for another year and the tenant is not obliged to leave the dwelling, but the new rent is to be determined.

- Not to renew the lease: the tenant leaves the dwelling at the end of the lease.

In the last two cases, the tenant has the obligation to inform the owner of his decision by an answer written in the month following the reception of the decision; if not so, the lease will be renewed automatically and the tenant will have to pay the new rent as from July 2010.

If the tenant refuses the increase, the owner can, in the month of the reception of this refusal, turn to the Régie du logement to deposit a request for fixing of the rent.

Should the owner fail to deposit such a request with the Régie, the lease will be renewed with the same rent and at the same conditions.

Expulsion - Late Payment

The lessor can obtain the cancellation of the lease if the tenant is more than three weeks late for the payment of the rent or, if he suffers serious damage from it, when the tenant frequently delays the payment of it.

Access to the dwelling

In Quebec, the owner and the tenant concerned must observe a certain number of rules with regard to a visit of the rented premises. An owner may need to enter at the tenant’s even in the course of the lease. Specific rules outline the circumstances in which he can do that. A tenant who informs the lessor of a non-renewal of the lease or of its cancellation is held to allow a visit of his dwelling and the posting, as soon as he has delivered this notice. The lessor must obtain the permission of the tenant to penetrate in the dwelling and to have it visited. A verbal request is enough and no delay is imposed by the law. The visits must take place between 9 a.m. and 21 h and the tenant can require that you, or your representative, are present. If not, the tenant could refuse you access to his dwelling.

In the course of the lease, it is of primary importance to deliver a notice (verbal or in writing) of 24 hours. An owner has the right to check the state of the dwelling. However, this right must be exerted with discernment. On the other hand, if works prove to be urgent and necessary (examples: water leakage), you can have them carried out immediately without having to inform the tenant.

No lock or another mechanism restricting access to a dwelling can be placed or changed without the consent of the lessor and the tenant. The court can order the party which does not conform to this obligation to allow the other access to the dwelling.

If you put your building up for sale, you have the obligation to deliver to the tenant a 24 hour notice (verbal or in writing) each time you want to make a visit to the dwelling with an potential purchaser. The visits must also take place between 9 a.m. and 21 h.

Animals and smokers

In section E of the lease, an owner can prohibit the presence of animals while crossing in the suitable box. He can also prohibit that one smokes in his dwelling. However, it is of primary importance that the aforementioned prohibition is stipulated in the lease or in the regulations of the dwelling.