Mission and Jurisdiction
The Régie du logement is a specialized tribunal that has competence in residential lease matters. Its mission consists in deciding the applications that have been submitted within the framework of simple rules of procedure that respect natural justice; in informing the citizens on their rights and obligations related to the lease so as to avoid that conflicts occur due to the ignorance of the law; in promoting conciliation between landlords and tenants.
The Régie also keeps a watch, in certain circumstances, on the conservation of the housing stock.
The Régie du logement decides in first instance, to the exclusion of any tribunal:
- on any application respecting the lease of a dwelling where the sum claimed or the value of the thing claimed or of the interest of the applicant in the object of the application is less than $85,000;
- on any application, whatever the amount, concerning a lease renewal, a rent fixing, a repossession, a division of the dwelling, a change of destination or a substantial enlargement of the dwelling or the lease of a dwelling in low-rental housing.
The Régie du logement also decides on any application pertaining to the conservation of dwellings and the protection of tenants:
- demolition of a dwelling where there is no municipal regulation that provides for it;
- sale of a rental building within a building complex;
- converting residential buildings to divided co-ownership.
The jurisdiction of the Régie du logement governs:
- leases relating to the services, accessories and dependencies of a dwelling;
- the lease of a mobile home placed on a chassis or of land intended for the emplacement of a mobile home;
- the lease of a room, except if situated in a health or social services institution (except pursuant to article 1974 of the C.C.Q.) or in a hotel establishment or if not more than two rooms are rented or offered for rent in the principal residence of the landlord and if the room has neither a separate entrance from the outside nor sanitary facilities separate from those used by the landlord.
However, the jurisdiction of the Régie does not cover the lease of a dwelling leased as a vacation resort nor the lease of a dwelling in which over one-third of the total floor area is used for purposes other than residential.
The Régie can also revise its own decisions concerning an application where the sole object is the fixing or the revision of the rent.
Other decisions rendered by the Régie can be appealed with the permission of a judge of the Court of Quebec, with the exception of:
- the recovery of a debt not exceeding $15,000;
- an authorization to deposit rent;
- an application concerning the conservation of dwellings.