· All dreams of main/permanent rental, including rooms; mobile homes on chassis, with or without a solid foundation; and land intended for the establishment of a mobile home This is not the case for a fixed-term lease, which must be respected until its end, except in situations established by law or with the consent of the owner. To learn more, read our article The right of a tenant to terminate a lease. Example: Claude is the owner. He would like to inform his tenants that their monthly rent will increase by $10 per month. Regardless of the notice, a tenant who wishes to refuse the rent increase must send a letter to the landlord within one month of receiving the landlord`s notice of termination, indicating it. When a tenant rents an apartment with one or more other tenants, they are said to be in a shared apartment. It is recommended that the rental agreement and all other agreements be made in writing. On the Régie du logement website, there is a calculation form for tenants and owners. It allows them to find an acceptable rent increase for each rental unit. The calculation form is not required by law. It must serve as a negotiating instrument for owners and tenants. The form lists the various expenses that the Régie du logement takes into account when it has to set the rent. After receiving a notice of rent change, you have one month to do one of the following: If consent has not been obtained, the spouse concerned may request the cancellation of the rent or the subletting.
To assist the parties in negotiations, the court recommends using the To Agree on Rent calculation form to promote the agreement on a rent increase. In addition, the law requires the public sector to use the applicable forms of tenancy of the Régie du logement for the rental of an apartment in low-rent apartments within the meaning of article 1984 of the Civil Code of Québec and for the rental of an apartment with an educational institution by a student enrolled in that institution. The landlord must use the applicable rental forms from the Régie du logement: Yes. When signing a rental agreement, the landlord must provide the tenant with written notice of the lowest rent paid in the 12 months preceding the beginning of the lease or the rent set by the Régie du logement. This information is usually included in Section G of the lease. For example, the termination could give the impression that the tenant has two options: accept the rent increase or move. Or the notice may not state that the tenant has one month to reject the rent increase in writing. If the landlord intends to increase the rent or make other changes to the lease, they must notify you in writing of these changes at least three months before the lease expires. You have 30 days to respond to this letter. With two exceptions, a tenant may sublet all or part of his rented apartment or assign the lease to another person.
The two exceptions are a student who rents an apartment in an educational institution and a person who rents an apartment with low-rent apartments (articles 1870, 1981 and 1995 of the Civil Code of Québec). If the lease is less than 12 months or if the duration is indefinite, the notification of the modification of the terms must be made at least 1 month and not more than 2 months before the end of the term. For leases of 12 months or more, termination must be made at least 3 months and no more than 6 months before the end of the lease. For the rental of a room, the notice period is not less than ten days or more than twenty days (article 1942 of the Civil Code of Québec). The landlord has one month from the date of receipt of the tenant`s reply to submit an application for a determination of rent to the Administrative Housing Tribunal or to settle the proposed changes. When a residential lease reaches the end of its validity, it is automatically renewed without notice. The lease is extended for the same period (with the exception of a lease for a period of 12 months or more, which is only extended by 12 months). 1 to 2 months bIf Claude wishes to implement the modification of the lease on May 30, 2009, he must send his notice to the tenants between March 30, 2009 and April 30, 2009.before the proposed change of the lease All types of rental periods are allowed, e.B. from month to month or annually. It is even possible to have a lease without a fixed term. The duration of a lease may not exceed one hundred years. If it exceeds one hundred years, it is reduced to this term (article 1880 of the Civil Code of Québec).
The tenant has the right to maintain the occupation of the rental unit indefinitely, as long as he respects the terms of the rental agreement. However, the landlord may terminate the lease in certain circumstances. Any notice of the tenancy agreement, with the exception of a landlord`s request to enter the rental unit, must comply with these rules: the landlord may, if the tenant has sublet the apartment for more than twelve months, postpone the lease by notifying the tenant and subtenant to the lease; The notice period is the same as for the amendment of the lease (see Extension of a lease term) (articles 1942 and 1944 of the Civil Code of Québec). On October 9, if the decision is not contested, the tenant must pay the landlord the arrears for July, August, September and October, for a total of 80 US dollars (4 x 20 US dollars). As of November 1, the tenant must pay the new rent set by the court, which is $520 per month. The landlord can renew the lease if the tenant died and was living alone at the time of death by notifying the heir or liquidator of the estate (article 1944 of the Civil Code of Québec). The heir or liquidator of the succession may contest the notification within one month of its receipt; otherwise, he will be deemed to have agreed to extend the rental agreement. In case of disagreement between tenant and owner, one of the two parties must request the Regue of the accommodation.
Neither the landlord nor the tenant can take action, it.B attempt to forcibly evict a tenant without a court order. . Do not allow a tenant to terminate their lease. The tenant can always try to reach an agreement with the landlord. Remember that any agreement between the landlord and tenant must be in writing. It is not entirely clear whether a clause in the lease prohibiting smoking within the limits of the rental unit is valid and binding. Smoking is prohibited in all common areas of residential buildings with six or more units, whether the buildings are condominiums or not. Within one month of receipt of the eviction notice, the tenant may ask the court to oppose the partition, expansion or change of destination of the apartment; otherwise, it will be assumed that he has accepted the eviction from the premises. If an objection is raised, it is the landlord`s responsibility to show that he or she really intends to share, enlarge or change the type of apartment and that he or she is legally entitled to do so (article 1966 of the Civil Code of Québec). If the court approves the expulsion, it may impose the conditions it deems just and appropriate (article 1967 of the Civil Code of Québec). .