2 steps to avoid paying for damages

1. First things first…Inspect!

Once you’ve signed a lease and have moved in to your new dwelling, be sure to inspect it before unpacking all your boxes. Take pictures of the place to illustrate the condition in which you got it. This will come in handy if your landlord later thinks you may have caused some damage that was evident when you moved in. Although signing a lease is pretty final there exists a 10-day grace period set forth by the Régie du logement in which you can report major problems that you were unaware of before that time.

2. Tenant insurance?

As a tenant, you may also want to consider tenant insurance for protection against damages that could occur and for which you might be held responsible. Although the landlord is responsible for repairing damages relating to wear and tear they are not necessarily responsible for damages occurring out of a tenant’s negligence. The difference is sometimes hard to prove leaving tenants vulnerable to high costs of repairs. Tenant’s insurance works much like other kinds of insurance where you pay a monthly insurance fee and in return are reimbursed a certain amount for the damages for which you are being charged. Tenant insurance is different from homeowner insurance as the previous one provides coverage for house attachments such as a shed or a garage. Both types of insurance include coverage for additional living expenses, liability and personal belongings. This means that if you have tenant insurance and something happens in your dwelling where you would have to leave for a period of time, you could be covered for those living expenses.

If you decide to take insurance make sure to photograph all of your belongings, because this is the only proof you will have to get those replace in case of fire, water damage, or other unexpected issues.

The Cost

The cost of tenant insurance will depend on several factors such as where you live, how and when your dwelling was constructed and the insurance company you choose. Furthermore, the more things of value you own, the more expensive your insurance will be as the coverage you will need will increase. There exists different levels of insurance so you can choose one that you feel most comfortable with. Furthermore you can get  home insurance from a variety of institutions: private insurance companies, banks or credit unions.

For more information on Tenant’s insurance: Insurance Bureau of Canada

4 methods of ensuring you move out properly

As a new tenant, something important you should be aware of is that the process of moving out in Quebec is distinct from that of other provinces, and there are a number of legal implications involved.

Perhaps the most important difference about Quebec law versus housing laws in other provinces, is that leases in Quebec automatically renew. This means that if you have signed a lease, you are legally entitled to remain living in the dwelling for as long as you want, provided you comply with the conditions of the lease. It also means that unless you provide proper notice to your Landlord several months before the lease end date, you are legally required to keep paying rent year after year.

Moving out correctly requires time and organization, so don’t leave things to the last minute or you may encounter troubles down the road.  Here is an overview of your options

1. Non-Renewal

Tenants whose names appear on the lease:

Most tenants are required to sign an official Québec lease, which enters you into a legal relationship with your Landlord. If you plan to move out of the apartment at the end of your lease, you must pay close attention to the amount of notice you are required to give to your Landlord:

  • Leases of 12 months require at least 3-6 months notice
  • Leases of less than 12 months or “indeterminate” leases require 1-2 months notice

Caution! Providing official notice does not mean simply telling your Landlord verbally that you want to leave. You must either send a letter through registered mail informing your landlord of your plan to move, or you may submit a Notice of non-renewal of the lease in person provided that you keep a copy which is signed and dated by the landlord.

Keep in mind that you may recieve a notice of rental increase from your landlord before the end of your lease. The landlord is allowed to propose a rental increase once a year, and if you plan to move out, you must respond to the letter of rental increase within one month of receiving it.

Occupants and boarders without a lease:

Occupants and boarders who are not on the lease are not bound to the guidelines set by the Régie du Logement in terms of giving official notice. Generally occupants and boarders give one month’s notice to the lease-holder or homeowner if they are planning to leave.

2. Subletting

Tenants who are leaving their apartments temporarily may choose to sublet their dwelling.

It is a common misconception that if a tenant wishes to leave before the end of the lease, that they may simply sublet the dwelling until the lease ends. However, as previously stated, leases in Quebec automatically renew year after year, therefore keep in mind that until you provide notice of non-renewal, or transfer your lease to a new tenant, you will still be ultamitely responsible for paying the rent.

For more information, please refer to Subletting your dwelling

3. Lease Transferring

Tenants who wish to move out before the end of the lease may choose to transfer their lease to a new tenant. This involves searching for suitable replacement who is able to pay the rent, and notifying your landlord, who must consent to the transfer. A successful lease transfer allieviates the original tenant from the responsibility of paying rent, as well as all other responsibilities of the lease.

For more information, please refer to Transferring your lease

4. Cancelling the Lease

Cancelling the lease before the end of the lease term is difficult to do, however in a few specific situations it may be done.

For more information, please refer to Cancelling your Lease.

Decipher your lease and sign with confidence

Breaking down the lease one section at a time…

Section A

This section states the names of those entering in the legal agreement.  The lessee is the person renting from the landlord. The landlord and lessor are referred to as the same person; they are the ones you will refer to when there are problems and also who you will pay rent to.

Section B

This is in relation to the dwelling which you shall be renting. It stipulates the exact quarters your lease will cover, such as outdoor areas and parking spaces. This is also the section that indicates what furniture is included in the lease and also which appliances if any.

Section C

This indicates the length of the lease. It is really important to remember that a lease renews automatically! This means that you have to send a notice of non-renewal to your landlord if you want to move out or else you are the one responsible for paying rent.

Section D

This section concerns all the details relating the rent including where to pay when to pay and how much to pay. These are important details as it is the tenants’ primary responsibility to pay on time.

Section E

The landlord may have their own set of rules in regards to the building however if they go against the Régie du Logement’s policies they are invalid. For example it is illegal to charge money for a lease transfer, therefore even if you have agreed to these kinds of by-laws within your lease, they are illegal and thus invalid.

This is also the section where you would add the repairs that you and your landlord have agreed upon.

The continued part of section E outlines who is responsible for which service. A checkmark will be made under the designated person (landlord or lessee). This  means that your landlord is legally obliged to deliver the services that are designated as their responsibility.

If this section indicates that animals are not allowed although your landlord agrees to it verbally, the landlords has reserved right to ask you to get rid of them.

The lease speaks louder than any verbal agreement!

Section F

This section is to be filled out if one of the situations applies to you.

Section G

This section is key in regards to keeping your rent affordable! It is common practice for landlords to hike the rent between tenants, this way they do not need to justify the increase. However, they are only allowed to hike it according to the increases set forth by the Regie du logement (see Calculation document for more details). This means by filling out section G your rent will not simply increase due to the fact that you’re a new tenant. Make sure that your Landlord fills out this section!

Section H

If you want to be a tenant then you must be on the lease. If your name does not appear on the lease then you are not considered to be a tenant in the eyes of the Regie du logement. This means you are entering in a legally binding contract with your landlord. By signing the lease, you have rights and responsibilities as a tenant.

Section I

If you are married and using the dwelling as a family residence you must notify the landlord because as they will need written consent from the spouse in order to permit  a sublet or lease transfer.

 

What lease type are you getting into?

The lease is the most important tool for a tenant. This legally binding contract between tenant and landlord means you have legal recourse as it enables you to be covered by the housing laws of the Régie du logement. There are different scenarios in which you may sign a written agreement in regards to your dwelling:

Figure out where you stand:

  • Will you have a written agreement (lease) with the person who owns the dwelling (landlord) or one of their representatives (management company etc.) This means you are a tenant and you are covered by the Régie du logement.
    If your roommates will also be on the lease then you will all be joint-tenants. This means you and your roommates are bound by a legal contract with your landlord. You may want to consider writing a joint-tenancy agreement with them.
  • Maybe you will have a written agreement with the person you are living with, who already has a written agreement with the landlord that you are not involved with, this means you are an occupant. In this case you will not be covered by the Régie du logement-unless there are 3 of you or more, then you are occupants covered by the Régie du logement. Power in numbers!
  • Finally, maybe you live with the person who owns the dwelling-this makes you a boarder. In this case you are entitled to legal recourse through the Régie du logement if you have access to a separate bathroom and have a separate entrance than the owner.

What does ‘being covered’ do for me anyways?

In short if you are covered by the Régie du logement, you have RIGHTS AS A TENANT! This may not seem overly exciting right now, but imagine if something breaks in your apartment or you get bedbugs or your neighbors start playing very loud music every night. This all becomes your landlords responsibility as they are LEGALLY responsible to ensure your ‘peaceful enjoyment of the dwelling’.

It also means that if there are things promised in your lease that are not being delivered-you can send a demand letter to your landlord and they have a legal responsibility to oblige!

Remember:  You cannot sign away your rights! You are protected by the Quebec Civil Code (lease or no lease) which states that you cannot sign your rights away. Therefore if there is an illegal clause in a lease you have signed-it is void! For example: Your lease stipulates a 200$ fee for a sublet but according to the Régie it is illegal to charge a fee for a sublet (as it is your right as a tenant to do so) thus this clause is void even if you have signed the lease.

Check out this checklist for apartment safety

Accommodation comparison

Apartment hunting can be as exciting as it is stressful! Finding the perfect apartment is a lot of pressure, especially if you don’t know exactly what you are looking for. It’s helpful to keep track of  your observations while you are visiting various apartments in order to reflect upon the pros and cons of each one. If the Rental Unit Evaluation Worksheet  list is a wishlist of what you want in an apartment, the Accommodation Comparison Worksheet is your actual observations of the apartments that you are visiting. This worksheet is to  help you compare the similarities or the differences  contrast with your priorities list.  You can use this Accommodation Comparison Worksheet as a helpful tool in comparing various apartments. This comparison worksheet is list of real observations Try and visit at least 5 different apartments before you make your decision!

Safety checklist

Safety should be one of your biggest priorities when apartment-hunting. You need to feel safe  and comfortable at home! You may take it for granted that safety regulations are being followed, however it is not always the case and you should pay attention to: smoke detectors, secure locks, building stability, and other things that could cause problems for you during your lease. Check out the state of the building.  Take a good look at the laundry room and the building’s entrance. Are these areas well-maintained, is there garbage in these common spaces?  Do parts of the building smell bad? These might all be signs of poor upkeep by the landlord. Print out and complete this Safety Checklist for each apartment you visit. Don’t take anything for granted, be critical!

4 tips to avoid sketchy landlord practices

You can’t always count on landlords to follow, or be informed about Quebec housing regulations as administered by the Régie du Logement, therefore it is important for tenants to understand their rights before entering into a lease. Landlords sometimes ask for extra fees or include illegal clauses in the lease, therefore it is important for tenants to be vigilant.

1. Don’t Forget Your Receipt

According to the law in Quebec, asking the tenant for any deposits other than the first months’ rent in advance is illegal. This could mean key deposits, security deposits, last months’ rent deposits, and any other arbitrary deposit your landlord may come up. Keep in mind however, that your landlord may decide to rent the apartment to someone else, who will comply with their “rules” or who is ignorant of the law. Be wary of this, however if you decide that you are willing to give them a deposit and hope for the best, make sure to get detailed RECEIPTS! With this receipt you may be able to either ask for the money back in full or ask the landlord to put it towards your rent. Remember, always get a detailed receipt for any amount of money you put down.

2. Protect Your Private Information When Proving You Can Pay Rent

The Commission d’accès à l’information du Québec (CAIQ) is an organization committed to the protection of Québec residents’ personal information. They outline some important ways the tenant can protect their personal information when signing the lease:

  • The tenant can present a piece of ID to the landlord upon request so they can confirm their identity, but it is illegal for the landlord to photocopy and collect this information. The tenant is only required to provide their name, address and birth date so the landlord may conduct a credit check.
  • To prove their accountability and ability to pay for the potential new apartment, the tenant can present references from previous landlords who can speak on their behalf. The tenant may also conduct a credit check on themselves and present it to the landlord. Another option is to provide the landlord with receipts from paid utilities in the tenant’s name.
  • The landlord may request that a tenant in a precarious financial position (such as a full-time student) have a co-signer. This is perfectly legal; however it is not legal for the landlord to insist that the cosigner be Canadian.

3. Don’t Divulge Private Information

Another illegal practice is the landlord demanding private Information. Your privacy is important and landlords are not allowed access your personal information, therefore they may not ask for

  • Social Insurance Number: issued by the federal government for employment and taxation purposes. It is important to not share this number with anyone other than government institutions and employers as it gives the holder access to important government databases. This, in turn, could lead to identity theft.
  • Driver’s License & number: this piece of ID can only be demanded by a peace officer or by the driver’s license bureau, the Société d’assurance automobile du Québec. Not only is it unnecessary for a landlord to collect this information, but it could also pose an identity theft threat. You may however show your driver’s license to a landlord so they confirm your identity.
  • Health Insurance Card & number: only a health professional may demand this piece of ID. A landlord may not collect this information as once again, it poses an identity theft threat. You may also produce this piece of ID to confirm your name and birth date.
  • Passport: only government officials and border agents may demand this piece of ID. The information contained in a passport is particularly sensitive and therefore should not be collected on record by any entity other than a border agent. Naturally, the collection of this information could pose a major threat to someone’s identity. Nonetheless, you may present a passport to confirm your birth date and name.
  • Bank account numbers: only financial and government institutions can have this information, and as such, it should not be collected by the landlord. You can use an attestation from your financial institution confirming the fulfillment of your obligations; an attestation from a previous landlord confirming the fulfillment of his or her obligations; any other document from a goods or service s company that requires installment payments, attesting the fulfillment of your obligations such as a cellphone company – not necessarily from Canada – to prove your payment habits. You can also have a third party as your guarantor as rent surety. The guarantor isn’t required to be Canadian. Also, the guarantor is not renewed with the renewal of a lease unless otherwise stated in the original lease. For example, if you have a guarantor for a one year lease and you decide to stay in that apartment for another year your guarantor is not bound to ensure your rent for the renewed lease year.
  • Credit Card Numbers:  With the increasing amount of credit card fraud it is important to protect your credit card information like you would protect your cash. It is illegal for a non-commercial or financial institution to ask for this information no matter the reason.

4. Get Personal Information Back

If someone other than the mentioned officials has collected this information from you, consult Renting and Getting Personal Information Back.

Spend at least 5 days searching before signing for a year!

You’ve just moved to Montreal and naturally your first priority is finding  a place to live. Time is of the essence  and you’re overwhelmed with finding your way around, figuring out your class schedule and settling in. You may be tempted to move into the first place you find in order to get on with your life, but WAIT! Living in Montreal can be an amazing experience, however you should  take a bit of time and do a thorough search in order to find the place where you’ll be spending most of your time. Give yourself at least a week to shop around. You may need to spend a week in temporary lodging, but it might save you a lot of trouble in the long run. Luckily, Montreal has plenty of short term housing options including hostels, AirBnB, couchsurfing and more.

Priorities

Before you start looking, you may want to define your priorities, figuring out what you need and what you want in your new apartment.  Think of factors such as proximity to a metro or school, having a balcony, water pressure in the shower, whether you need a washer and dryer in the building, etc. Create a housing wish list and let it guide you during your search. You can use the Rental Unit Evaluation Worksheet to help you define your priorities. Understanding what you want and what you are willing to compromise on is the first step in finding the perfect apartment.

While you are visiting the apartments ask your landlord lots of questions about the apartment. You may also want to get a first-hand opinion, in which case you could introduce yourself to the neighbors and get the inside scoop. Tenants living in the building may be in the best position to answer some of your questions. You want to find out as much as possible before signing the lease, and avoid being unpleasantly surprised half-way through the year.

Tip: If the landlord promises to fix or add anything to the apartment make sure that they write it into the lease.

Heads up!

  1. Some apartments with a high volume of applicants may require you to sign application forms prior to signing the actual lease. It is important to know that if you sign a form and the landlord chooses you as the tenant, you are legally obliged to sign the lease. To avoid being stuck with multiple leases, leave an expiration date with your signature at the bottom of the application form, and try to fill out only one at a time.
  2. Whenever you pay for anything apartment-related, make sure you receive detailed receipts. Your receipt should include the date, amount, what it is that you paid for, and the landlord or representatives’ signature or company stamp!
  3. Where to look!
    Take time to discover the city while looking for an apartment! Many apartments up for rent are not listed online and are only advertised through «À Louer» signs in windows or hanging on balconies with the landlord’s contact  number on it. To get a general idea about the various boroughs in Montreal , check out the neighbourhood descriptions!

Temporary housing options

Housing Advertisements

The top 10 obligations of a landlord that you should know

In Quebec there are many regulations that protect renters from living in deplorable conditions. The thing is, if you don’t know what rights you have as a tenant, you may feel powerless in an unpleasant situation. Take a look at the landlord’s top 10 obligations in order to better understand your rights as a tenant.

1. Only enter the tenant’s apartment with consent.

Landlords must provide 24 hours notice, either verbal or written, if they wish to enter your apartment, unless your apartment is up for rent. In both cases, the landlord needs your consent to enter. Only in cases of emergency is the landlord allowed to enter your apartment without your consent.

2. Perform necessary repairs.

It is the landlord’s responsibility to perform urgent and necessary repairs in a timely manner and to cover any related costs. This includes repairing heating problems in the winter.

3. Only rent dwellings fit for habitation.

The landlord must maintain the dwelling in a clean condition, fit for habitation. A caved in ceiling, for example, is unacceptable! If you see that your place poses a health or a safety hazard, take pictures, contact outside help, such as a city inspector and read about abandonment!

4. Do not ask for private information; including credit card numbers, social insurance numbers, and/or passports.

The landlord cannot collect credit card numbers, bank account numbers, social insurance numbers, visa or passport, driver’s permit or health insurance. They may ask a future tenant to show their ID to confirm their name. They are allowed to ask for references, full name, current or previous addresses and date of birth for a credit check. To learn more take a look at The lease and protection of personal information

5. Do not ask for additional rental fees, such as security and/or key deposits!

The landlord cannot ask for a deposit greater than the full amount of the first month’s rent in advance. That means no security deposit, no damage deposit, no key deposit!

6. Do not demand post-dated cheques.

Post dated cheques are cheques which are cashable at a later date. There is absolutely no reason for the landlord to require post-dated cheques. By law, they cannot demand this from a tenant.

7. Use an official Quebec lease.

Quebec has an official lease that can be found at any corner store for just over 2 dollars. The landlord has an obligation to provide this lease. It is also your right to have the lease in either English or French depending on your preference.

8. Do not add illegal clauses to the  lease.

Although the lease is a legally binding document and the landlord may have added a clause which conflicts with your rights as a tenant,  you cannot sign your rights away. Therefore illegal clauses are invalid even if you have signed the lease.

9. Ensure full and peaceful enjoyment of the dwelling.

It is your landlord’s responsibility to to provide full and peaceful enjoyment of the dwelling. This means the landlord must deal with noisy neighbors, your plumbing and maintain the appliances (if they’re included in your lease)!

10. Be available for the tenant to provide notice for non-renewal.

Leases renew automatically in Quebec. A written notice of non-renewal is required if you want to leave in the case of a: 12 month lease: 3-6 months notice; less than 12 months or indeterminate: 1-2 months notice; no written agreement: 10 days notice.

Housing co-ops: an innovative alternative to traditional renting

History

Quebec has a long history of cooperative housing. Housing cooperatives entered into the scene in Montreal in the 1960s as a response to neighborhood clearance projects. Essentially, housing cooperatives became a way tenant could collectively own and govern their own homes without the risk of eviction by a landlord who may try and sell the property to large housing corporations. Since then, housing cooperatives have taken a prominent role in Québec housing as an innovative and affordable alternative to traditional private market rental housing.

Advantages

There are several great advantages about Co-op housing. For instance, cooperative tenants collectively own and govern their household. That’s right- in this case you’re both a tenant and a landlord! As such, co-op housing is generally more affordable than private-market housing because the tenants collectively decide on rental increases, if any. Your rent, rather than going into a landlord’s pocket goes directly into the maintenance and financial value of the apartment building you live in. Beyond the rent, the cooperative of tenants collectively decide on any questions relating to the maintenance or costs of the building. However, finding a spot in a co-op is not easy because they tend to choose new members who will get involved and stay for a long period of time.

Student Housing Cooperatives

With increasingly more out-of-town students in Québec, Montréal in particular, as well increasing rental-to-condo conversion, the amount of decent student-appropriate private rental housing stock is not meeting the demand. Not only is it becoming more difficult for students to find decent apartments, rental units available to families are also becoming increasingly scarce. As students, how do we create sustainable housing options for ourselves while maintaining rental housing options for families? One solution could be student housing cooperatives! By creating student-specific housing we’re not only providing affordable and sustainable housing options for ourselves, we’re also leaving more private rental housing stock to those families who need it. While co-op situations are special and somewhat limited, plans  to expand these initiatives are currently motion.

For more info on student co-ops, get in touch with UTILE : utile.org

3 things to know about housing in Montreal

1. Renting in Montreal

Montreal’s housing market consists of over 50% renters. The city was built in a way that incorporates not only high-rise buildings, but many different apartment styles. For example, there’s the studio/loft: which is generally one large open space with a mezzanine for sleeping. There’s the duplex and the triplex, the “typical” Montreal apartment with winding stairs: two and three story apartment buildings where each unit has its own entrance. A less common building type is the bloc; multiple apartment buildings with a central entrance shared among the tenants. Finally, while not very common in Montreal, full houses are also available for rent.

If you are a new student, finding a roommate  and apartment hunting in a completely new city may seem too overwhelming. In this case, university residence may be an appropriate option for your first year in Montreal. Renting from an accredited institution has it’s benefits. Residences offer different rooms to choose from and many include a meal plan.  It can be a great way to meet people, and this way you can make the transition from university residence to having your own apartment in the following year, once you know the city better.. You may also consider private student residences; they are a relatively new addition to the housing market. Although scattered near university campuses, they are not affiliated with any university.

2. The deal on apartment sizing in Quebec

You may have noticed, while looking through apartment ads, that apartments are listed by size with this strange ½ business (1 ½, 3 ½, 4 ½, etc.)  Rumor has it that this classification system derived from the original architecture of duplexes and triplexes that we find everywhere in Quebec. Nowadays it is used to indicate the bathroom. Therefore the full number refers to the amount of rooms in the apartment and the ½ indicates that there is indeed a bathroom as well. In other words, a 1 ½/2 ½ are studio or bachelor-sized apartments and a 3 ½ is an apartment with a kitchen, living space, closed bedroom and  bathroom. Any sizes above that, you’re essentially adding an extra closed bedroom (ex. a 4 ½ has two closed bedrooms.)

3. Orientation: True North vs. Montreal North

If you look at a map of Montreal you may think you’ve got a good idea of where you’re going, but asking for directions might throw you off, in terms of the compass! Generally Montrealers will tell you North is towards the apex of the mountain while South is towards the Lachine Canal or the Saint-Lawrence River, even if this is geographically incorrect. When it comes to West and East, boulevard St Laurent is the dividing line. In the same vein, street addresses (along streets like Maisonneuve, Ste. Catherines and Sherbrooke) will change from “Est” to “Ouest” as they intersect boulevard Saint-Laurent.