Resiliation of a Lease

Elderly Admitted Permanently Into a Seniors' Residence

A lessee, in the case of a senior, may resiliate the current lease if he or she is permanently admitted to a residential and long-term care centre, to a facility operated by an intermediate resource, to a private seniors’ residence where the nursing care and personal assistance services required by his or her state of health are provided, or to any other lodging facility, regardless of its name, where such care and services are provided, whether or not the lessee already resides in such a place at the time of admission.

The resiliation takes effect two months after a notice is sent to the lessor, or one month after the notice is sent if the lease is for an indeterminate term or a term of less than 12 months. However, the resiliation takes effect before the two-month or one-month period expires if the parties so agree or when the dwelling, having been vacated by the lessee, is re-leased by the lessor during that same period.

The notice must be sent with an acknowledgement from the authority concerned with a certificate from an authorized person stating that the conditions requiring admission to the facility have been met.

Table of notification time limits

Unless otherwise agreed by the parties,
resiliation takes effect in the following delays:

lease of 1 year or more than 1 year

2 months after sending the notice

lease of less than 12 months

1 month after sending the notice

lease of indeterminate term

1 month after sending the notice

When the tenant leaves the dwelling before the resiliation of the lease he or she must pay the rent until the date of the resiliation of the lease. However, in that case, if part of the rent covers the cost of services of a personal nature provided to the lessee, the lessee is only required to pay for the services which were provided before he or she vacated the dwelling.