Glossary

The legal process for leaving an apartment that has become unfit for habitation. Unfit for habitation is a strict designation that means there is a serious risk to health and safety if one continues to stay in the dwelling

It is the subjection of various creditors to solidarity. When several creditors are subject to it, one of them is entitled to require from his debtor to fully execute one of the obligations he has to execute and the debtor who fully executes his obligation towards one of his creditors is released towards the other creditors. This solidarity between creditors only exists if it is expressly stipulated in a convention.

A set of principals regarding the use of space

Contract that doesn’t reflect the parties’ true will. The contract that reflects the parties’ will is a secret contract, also known as the counter letter.

Individual who receives a payment due to another person. The apparent creditor is an individual who receives a payment from a person who was convinced that the individual to whom it was paying was the person to whom she was in debt.

Creditor who assigns one of his claims to another person

A legal officer given certain powers to deliver legal notices and execute court decisions.

A person who lives in the same dwelling as their landlord, sharing both a entrance and a bathroom.

A set of additional rules and regulations set by a buidling that governs the use of space and behavior of the tenants. You must be provided with a written set of a building’s by-laws prior to signing a lease or rental agreement

A lease cannot be cancelled outside of specific circumstances; you must transfer/assign or sublet your lease agreement or come to an agreement with your landlord.

A City Inspector’s job is to enforce municipal by-laws related to the health and safety standards of dwellings. Each municipality or borough has their own inspectors. (project Genesis doc)

It’s a debt, more precisely a right to claim something from someone

The CAI is a provincial body enstrusted with the protection and regulation of personal information for both private and public bodies.

This is a government agency created by the Quebec Charter of Human Rights and Freedoms. The Commission is responsible for promoting and upholding the principles of the Charter of Human Rights and Freedoms by any appropriate measures, including investigating into possible cases of discrimination, harassment and exploitation.

Financial compensation for prejudice

The express and informed permission to do something.

Any party to a contract

Secret contract which reflects the parties’ true will

The process by which an applicants financial history is assessed; information evaluated includes payment of debts, any account arrears, outstanding loans, and other information.

A document detailing the results of your credit check that shows your financial history.

A person to whom another person has a debt

Minor damages that occur as the result of basic living in the apartment and are not intentional.

A person who owes another person something

State in which a party to a contract in default to perform a service is. The fact that this party is in default gives to the other party to which is due the execution of the obligation the benefit to exercise some rights or remedies.

When a person commits to pay another person’s debt.

Eviction is the process by which a landlord can resiliate or cancel a tenant’s lease agreement and expel them from the dwelling. Can only be done in very specific circumstances

Extrajudicial recourse consisting in a right granted to a party to a bilateral contract to refuse to perform his obligation until the other party to the contract has not first fulfilled his. The person against whom a person is seeking to exercise this right must first be in default.

The process by which an exterminator treats your dwelling for infestation.

A person who is trained in the removal and extermination of pests. Depending on the type of pests they may need to be licesened to use certain chemicals; always ask if they have licensing from the Québec ministère du Développement durable, de l’Environnement et de la Lutte contre les changements climatiques (MDDELLC) that would enable them to effectively treat your specific infestaiton

Forcing a person to perform an obligation she pledged to perform.

Legal act by which a party to a contract officially observes a reasonable delay within which another party to a contract has to perform one of its obligations. It is an official statement that a party is in default and that it is liable to prosecution.

Refers to all acts intended to deceive a party to a contract by invalidating its consent. The victim of fraud would not have consented if it had not been of the fraudulent maneuvers employed to invalidate its consent.

A legal promise a person makes to pay your rent in the event that you do not for some reason.

This is the official proceeding of the Régie du Logement where the respective parties, such as tenant and landlord, present their cases to a judge. The judge will evaluate the claims and evidence presented before making a decision. Depending on the nature of the hearing the judge may rule on at the hearing.

An organization, usually non-for-profit, devoted to serving the legal needs of tenants in a particular neighborhood.

Any aspect of a lease of rental agreement that violates provisions within the Civil Code of Quebec. Illegal clauses are non-binding even if you were to sign something agreeing to the terms; in short you cannot sign away your rights as stipulated by the Civil Code of Quebec

When a person pays another person’s debt.

A written document between two tenants stipulating the use and access to a shared dwelling.

When two or more individuals sign a lease agreement for a shared dwelling

The owner of a property being rented to a tenant

A lease is a contract concluded between a landlord and a tenant that defines their respective commitments concerning a dwelling (RDL).

Involves prementately leaving your dwelling by finding another person to replace your responsibilites on the lease

Refers to all the favors made by a person for the benefit of another without having been madated to undertake these activities. By doing so, this person interferes in the business of another person to help.

Person who interferes in the affairs of another person as part of management of the business of another.

A special cloth or synthetic material that you can wrap your mattress in to prevent damage, repel pests, and maintain the quality of your mattress

A small four legged rodent that usually has light brown or dark grey fur; they have large ears and a pink or grey tail. They are small (7.5-10 cm) and most active at night.

Moral damage refers to mental and/or emotional harm and suffering as a result of someone’s fault.

The payments made by a property owner when their property is bought on credit.

An urban adminsitrative division that self governs to some degree; divisions within a city’s governance that has the ability to set and enforce their own laws and by-laws

Failing to exercise reasonable care or consideration in a situation.

Formal, written communication of any grievance you may have to the implicated.

Refers to the sanction of invalidity of a unilateral or bilateral legal act, such as a lease. This invalidity of a legal act comes from the absence of one of the necessary conditions to its existence, which are provided for by law.

Legal relationship between two people, the creditor (landlord, for example) and the debtor (lessee, for example), under which the creditor may require the debtor the fulfillment of a performance (payment of rent required by the landlord to the lessee, for instance).

A person who lives in an apartment with a tenant but who is not on the lease.

The required condition of a dwelling in which the tenant should be able to fully access it in a way acceptable to all services and areas included in their lease or rental agreement.

Forcing a person to provide the monetary equivalent to an obligation that she pledged to perform. This remedy is often used if forcing the specific performance of an obligation isn’t possible.

The duration of your lease agreement which depends on the indvidual’s situation.

A destructive animal or insect.

A series of cheques written in advance and given to the landlord for payment of several months of rent. For example, your landlord asks you for cheques dated for upcoming months of rent given prior to the date they are owed. These cheques wont necessarily be cashed in advance, but give the landlord the ability to collect the rent payment before it is due. Post dated cheques are illegal in Quebec.

Person which sees another person interfering in its affairs as part of management of the business of another.

An individual hired by a landlord to oversee the administration of rental units; may act as a representative of the landlord.

Amount awarded by a judge to punish the perpetration of a given act or a certain behavior and discourage its reproduction. These damages can be awarded in addition to compensatory damages.

A rat is a rodent that resembles a large mouse, often with a pointy snout and a long tail. the average rat is about 1 pound or half a kilogram in weight but can grow to be much larger. They generally have longer and larger tails than mice.

Period slightly longer than the realistic time required to perform a service.

A written record of your payment for goods or services. Recieving a reciept for a purchase or payment made, such as paying one’s rent, is required by law in the Civil Code of Quebec. A reciept should always include the reason for payment, date, and full amount paid. I.e. November Rent $400.00, paid on November 1st, 2014

The Régie du Logement is a specialized tribunal that
deals with residential lease issues. Its mission includes
ruling on applications as well as informing citizens on their rights and obligations related to the lease so as to avoid conflicts occuring due to the ignorance of the law and in
promoting conciliation between landlords and tenants.
The Régie also keeps a watch, in certain circumstances,
on the conservation of the housing stock and, in those cases, makes sure
that the rights of the tenants and landlords are protected.

Registered Mail is a service offered to customers who require proof of
mailing and/or proof of delivery. The service secures the signature of
the addressee or the addressee’s representative and provides the sender
with a mailing receipt, a copy of the signature and the date upon
delivery of the item.

Nullity of a legal act that can only be invoked by the person victim of the absence of one of the necessary conditions to the existence of the legal act. It aims to protect the private interests of that person, by opposition to the absolute nullity that seeks to protect the interests of society.

The amount of money paid to the landlord for use of a space.

A verbal or written contract regarding the use and length of access to a dwelling; similar to a lease that encompasses renters who are not tenants.

Any individual who acts on the behalf of the property owner; may be a property manager or other employee of the landlord.

Refers to the restitution of executed contractual obligations by parties to a contract. It is notably mandatory when a contract may be annulled.

A sum of money held in trust by the landlord to gurantee the return of a dwelling in its orginal condition after a tenant or renter leaves. Security deposits are illegal in Quebec.

Refers to the simultaneous redaction of two distinct contracts, the apparent contract and the counter letter.

A civil court in which any individual, association, partnership or legal person, regardless of the number of employees, may be sued in the Small Claims Division and become the defendant in the suit. This court only hears cases involving a total value of $7,000 or less.

The Social Insurance Number is a nine-digit number required to work and access public service in Canada.

A document produced by the tenant stipulating the rights and repsonsibilities of the sublettor. No official agreement exists and the terms and conditions can vary

A person who agrees to rent a dwelling from a tenant; not directly from the landlord.

A chart used to record the average temperature of your apartment each day. You should set a thermometer on a chair in the middle of the room; measure at least one meter off of the ground. Record the time for both the inside and outside temperatures

One who is renting a property, room, or apartment from the owner and who has signed a lease agreement for said dwelling.

When there is a serious defect or breakage which affects the preservation or the use of the dwelling or the building. Régie du logement outlines some of these situations as: major leaks of the pipes or roof; faulty wiring; blocked sewer pipes; rotten sairs or balconies that give way; furnace breakdowns during the winter; defects in the locks or access doors to the dwelling

To prepare your home for the winer; steps include wrapping pipes with insulation, using plastic wrap to cover windows, and other steps taken to keep your house warm and your energy bills low

Any legal response to a notice should be done in writing and delivered either by hand or registered mail. In general email, text message, and other forms of communication do not count as a written reply