FAQs

I cannot be present at the hearing so what must I do?

Part of category Hearing

I must obtain a postponement of the hearing to a later date and for that I must obtain the written consent of the other party and file it at the Régie.

If I cannot obtain that consent, I can send a mandatary who will ask for the postponement or I can write to the Régie du logement and ask for the postponement of the case. The reasons for the asked postponement must be indicated. It would be well advised to remit a copy of that letter to the other party.

Except in the case where I have the consent of the other party, the commissioner must decide if he accepts or rejects the asked postponement.

For more information, see the section:

Preparing for a Hearing

What is the rate increase determined by the Régie du logement this year?

Part of category Increase

There is no fixed rate increase applied by the Régie du logement. Each case is treated specifically. The Régie takes into account, in calculating the rent variation, the income of the building and the municipal and school taxes, the insurance bills, the energy costs, maintenance and service costs. Also, it sees to apply a return on capital expenditures, if there were such expenditures, and indexes the net income of the building.

In order to calculate precisely the rent variation for a dwelling, see the section:

Calculation for the Fixing of Rent

If a tenant refuses the rent increase asked by the landlord, can he force the tenant to move?

Part of category Increase

No. If the tenant refuses the rent increase, the landlord will have to go at the Régie du logement to file an Application to modify the lease. It is a different case if the building was built or transformed for a period of less than five years.

For more information, see the section:

Renewal of the Lease and Fixing of Rent

Can a tenant refuse the rent increase asked by the landlord?

Part of category Increase

A tenant can refuse the rent increase by giving a written answer to the landlord in the month following the rent increase that he received from him.

Can a landlord ask for a deposit for the keys or for the furniture that he provides?

Part of category Lease

A landlord cannot ask for a deposit, whether it is for the keys or for furniture.

Can a landlord limit the number of occupants of a dwelling?

Part of category Lease

No, except in the case where the area of the dwelling justifies it.

What must I do if I want my son to occupy a dwelling that is presently occupied by a tenant?

Part of category Lease

So that a dwelling may be occupied by himself or his father, his mother, his son, his daughter or by any other relative of whom he is the main support, an owner must give a written notice to the tenant at least 6 months before the end of the lease, if it is a one year lease.

The tenant has one month to give his answer. If the tenant does not accept by writing, the owner will have to file an Application for repossession of the dwelling at the Régie du logement.

For more information, see the section:

Repossessing a Dwelling

Can a tenant have a cat or a dog in his dwelling?

Part of category Lease

Yes, unless there is a clause in the lease that forbids it.

My tenant abandoned the premises two years ago. I just retraced him. Can I reclaim the unpaid rent?

Part of category Lease

The landlord has three years to file the application at the Régie du logement.

For more information, see the section:

Paying the Rent

My tenant abandoned the premises. What must I do?

Part of category Lease

The landlord must minimize the damages by trying to rent the dwelling to another person. He may claim the tenant who has abandoned the premises a relocation indemnity to recover the lost rent.

A landlord and a tenant have concluded a lease. However, the tenant changes his mind and does not want to occupy the dwelling. Is he discharged from any responsibility?

Part of category Lease

No. A lease is a contract and a contract must be respected.

Following the signature of a lease, does a tenant have a ten day delay to annul (cancel) that lease?

Part of category Lease

No. There is no delay.

A tenant must move to another city. Is it preferable that he sublets his dwelling or that he assigns his lease?

Part of category Lease

If the tenant does not intend to occupy again his dwelling, it is better for him to assign his lease.

For more information, see the section:

Assignment of a Lease or Subleasing

My joint tenant left the premises. May I remain in the dwelling by paying only my share of the rent?

Part of category Lease

The landlord has the right to receive the total amount of the rent. If he receives only a part of it, he can ask for the cancellation of the lease.

For more information, see the section:

Joint Tenancy

I am a tenant without a lease. May I leave the dwelling at any moment?

Part of category Lease

A tenant always has a lease, whether it is written or verbal. If there is no fixed term for the lease, the tenant must give to the landlord a notice of one month before leaving the premises.

I just bought a house. May I cancel my lease without any problem by paying 3 months’ rent?

Part of category Lease

No. The lease must be respected until the end. However the tenant could try to reach an agreement with the landlord or assign his lease.

For more information, see the section:

Assignment of a Lease or Subleasing

Can a tenant undertake himself a repair for which the cost can be deducted from the rent?

Part of category Repairs

He cannot do so without the authorization of the Régie du logement except in the case of a necessary and urgent repair and also in that case the tenant is not able to reach the landlord in order to inform him about the situation.

For more information, see the section:

The Tenant and Urgent and Necessary Repairs

What are the possible recourses of the tenant if the landlord neglects to make the necessary repairs?

Part of category Repairs

There are many recourses available to the tenant:

  • rent reduction;
  • rent deposit;
  • authorization of the Régie to do himself the repairs;
  • resiliation of the lease;
  • damages;
  • order to force the landlord to make the repairs.

A decision must be rendered by the Régie du logement allowing one of these recourses to be applied.

For more information, see sections:

The Tenant and Urgent and Necessary Repairs
Major Work

The sink (or the toilet) is clogged. Is it the tenant or the landlord who has to pay for the repairs?

Part of category Repairs

The landlord must pay for the repairs except if he can establish that the tenant is responsible for the problem.

For more information, see the section:

The Tenant and Urgent and Necessary Repairs

At what date must a landlord start to heat the dwellings of the building?

Part of category Heating

There is no specific date. The landlord must start to heat the dwellings of the building as soon as the climatic conditions justify it.

For more information, see the section:

Heating Problems

Can a tenant be noisy until 11:00 p.m.?

Part of category Noise

No. Whatever the time of day, according to circumstances, a tenant cannot make excessive noise.

For more information, see the section:

Noise

If a landlord wants the dwelling visited by a potential tenant can he do so at any moment?

Part of category Visiting

No. The landlord must obtain the tenant's consent.

For more information, see the section:

Access to the Dwelling and Visiting Rights

If a landlord wants to undertake repairs in a dwelling, can he do so at any moment?

Part of category Visiting

The landlord must give the tenant a 24 hour verbal notice and undertake the repairs between 7:00 a.m. and 7:00 p.m.

For more information, see sections:

Access to the Dwelling and Visiting Rights
The Tenant and Urgent and Necessary Repairs

If a landlord wants to visit a dwelling so as to verify its condition or if he wants it to be visited by a potential buyer, can he do so at any moment?

Part of category Visiting

The landlord must give the tenant a 24 hour notice and make the visit between 9:00 a.m. and 9:00 p.m.

For more information, see the section:

Access to the Dwelling and Visiting Rights

Must the landlord fetch the rent or must the tenant go and remit the rent to the landlord?

Part of category Payment

The landlord must fetch the rent, except in the case where there is an agreement that says otherwise or if both of them are used to act differently.

Does a tenant have a reasonable delay to pay his rent?

Part of category Payment

No. As soon as the second day of the month, the landlord can file an application to recover the rent at the Régie du logement.

For more information, see the section:

Paying the Rent