Discerning Wear & Tear vs. Negligence

L'appart.info, 3 March 2017

Did you have a party and accidentally break the toilet? In terms of damages, there is an important difference between negligence versus  normal wear and tear. Every now and then, even if you’re careful, things will break. Your landlord has a responsibility of maintaining that everything in the dwelling is functioning. This may not apply if something broke out of negligence. However, sometimes landlords like to make tenants believe they have been negligent in order to pass on the responsibility of repairs. Keep in mind that it is the tenant’s responsibility to inform the landlord when repairs are needed. If this is not done, the damage may get worse and thus result in negligence on the part of the tenant.

Instructions:

  1. Think about the sequence of events resulting in something breaking. Did you throw a brick through the window or were you simply closing it? Did you bring a saw to the handle on your front door or did it break due to constant use?
  2. If you do not think you were being negligent then write your landlord a demand letter stating that something is broken and needs fixing.

FAQ

 

Ending the Lease Due to Spousal or Sexual Violence

L'appart.info, 1 February 2017

If you or a child you live with are being subject to or threatened by spousal or sexual violence within your dwelling, you have every right to terminate your lease. This recipe is for those who are in a situation that they need to get out of; remember that your well-being and the well-being of your loved ones always comes first. Make sure that you are in a safe place, and then review these steps for cancelling your lease to avoid legal complications down the road.

Instructions

  1. If you feel that you or your loved ones are in immediate danger, call the police.
  2. Vacate your dwelling if necessary and stay with a friend or close relative. If this isn’t possible, consider contacting a local shelter.
  3. Acquire (from a police station, CLSC or shelter) and fill out the “Request for an attestation for the purpose of resiliating a lease on the grounds of violence or sexual assault” form. You will need to include a copy of your lease and the police/shelter/health professional/social worker statement that you have pertaining to your abuse situation.
  4. Bring the completed form to a commissioner of oaths. (You can find one at: http://www.assermentation.justice.gouv.qc.ca/ServicesPublicsConsultation/Commissaires/Proximite/Criteres.aspx)
  5. If you originally filed a police report relating to the abuse you can submit your form and supporting documents to the Montréal Municipal Court (for Montréal only). Otherwise you can submit this form to the nearest “directeur des poursuites criminelles et pénales” office or a local courthouse (you can find the closest courthouse here: http://www.justice.gouv.qc.ca/english/recherche/district-a.asp). The form should be processed quickly.
  6. Once you have received your attestation, send it with a registered letter to your landlord indicating the nature of your resiliation.
  7. If your lease length is a year or longer, it will end two months from the date of your registered letter. If your lease is shorter than one year or has no specific length, it will end a month from the date of your registered letter. Your landlord and you can also agree to terminate the lease sooner.

For more information:

http://www.educaloi.qc.ca/en/capsules/ending-lease-spousal-or-sexual-violence

FAQ

RL-31 slip?!

olivier, 8 July 2016

RL-31 is a tax slip filled out by your landlord, which allows you to claim the housing component of the solidarity tax credit. Any tenant or subtenant is eligible to receive this tax break, however, an occupant of a property is not. If you are eligible to receive this component of the solidarity tax credit but you have not included the required RL-31 upon submission of your income taxes, you will receive a reduced monthly allowance for the solidarity tax credit.

Your landlord is responsible for providing you with the RL-31 prior to the last day of February. He is responsible of ensuring that each tenant and subtenant has received the form. If your landlord does not fulfill this requirement, he/she will be subject to administrative penalties and tax penalties.

What if your landlord doesn’t provide you with the RL-31?

 Instructions :

  1. Contact your landlord in person, by phone or by email, and ask him to provide you with the RL-31 as is required by the law.
  2. If he refuses or neglects to do so, you must call Revenu Québec. This organization will provide you with an address to which you can send a copy of your lease in order to receive your allotted amount for the housing component of the solidarity tax credit.

NOTE : The Régie du logement does not treat cases about RL-31 because it falls under Tax Laws rather than Housing Laws. Therefore, Revenu Québec is your only resource if you encounter a problem.

FAQ

Cancelling your Lease

Studio créatif Coloc, 9 January 2015

“Get me out of here!”

You’ve signed a Québec Lease, however you’re no longer able or interested in living in the apartment you signed for. Contrary to popular belief, a tenant may not break their lease by simply providing “notice” at any moment. There are only four specific situations in which the lease can be cancelled:

  1. A tenant is allocated a dwelling in low-income housing
  2. A tenant can no longer occupy the dwelling due to a handicap
  3. A tenant is a victim of spousal or sexual violence (please see the detailed article)
  4. An elderly person is admitted permanently to a residential and long-term care center or to a foster home

If the reason you wish to move out is simply that you have found a different place you would prefer to live in, remember that you may choose to transfer your lease to someone else if the apartment is in reasonable condition.

Instructions:

  1. If you and your landlord come to a verbal agreement to cancel the lease… MAKE SURE YOU GET IT IN WRITING!
  2. Write out a document which includes your name, address, term of your lease and a statement identifying your landlord and your mutual agreement to end the term of the lease, or print out a cancellation of lease form. Both parties must sign and keep a copy for themselves.
  3. In the event that the landlord neglects the responsibilities of the lease, the tenant still does not have legal grounds to “break” the lease. Often in situations where tenants have bedbugs or some other problem in the apartment that prevents them from remaining in the dwelling peaceably, they mistakenly think that they can abandon their lease. Unfortunately the tenant may not simply abandon the lease because of an uncomfortable situation; rather they are obligated to take the appropriate steps in solving the issues and seeking recourse from the Régie du Logement if the landlord is not fulfilling their duties.  For more information about this please refer to How to write an Official Demand Letter.
  4. If you choose to remain in the apartment until the end of your lease, don’t forget to give adequate notice (usually 3-6 months before the term ends) so that the lease does not automatically renew.

FAQ

 

 

Getting Your Personal Information Back from your Landlord

Studio créatif Coloc,

While applying for an apartment your landlord asked you to submit a copy of your driver’s licence and a copy of both your passport and study permit. You’ve just found out that collecting this kind of personal information is illegal, but you’ve already given it away, what can you do? There is a three step process in order to access the Commission d’accès à l’information du Québec (CAIQ); the governmental agency in Québec responsible for these matters.

Instructions

  1. Note specifically what kind of illegal information your landlord took from you; some common requests include: your social insurance number (SIN), a copy of your driver’s licence and its number, your Healthcare card, passport, and bank account numbers.
  2. Write a demand letter to your landlord and send it by registered mail; consider using the first letter form for a Request to Access Personal Information from the CAIQ as a template. This letter will inform your landlord that you want copies of any documents that contain your personal information.
  3. When you have received copies of the documents that contain your personal information send the second letter to the same address asking for either the destruction of said information.
  4. If your landlord refuses, partially or in full, you can file a claim at the CAIQ to have the government intervene and examine the situation; make sure to include copies of the original letter you sent your landlord and send the third letter directly to the CAIQ.

FAQ

 

Landlord Demanding Illegal Deposits

Studio créatif Coloc,

Say you are reading your lease or rental agreement for a new apartment you are interested in, and the landlord tells you or has written in the agreement that you must pay the first month’s rent, last month’s rent, and a security deposit. Plus, there is a fee for keys and access to the laundry room. You really want the apartment and understand that the landlord wants to protect their property; but are these extra deposits legal?

No!

The Civil Code of Quebec stipulates that the landlord may ONLY ask for the first month of rent or a portion of the first month’s rent of as a form of deposit. This money may be requested in advance and cashed before you move into the apartment, however you should only pay after you have signed your lease.

Instructions

  1. Read through your entire lease agreement and any additional by-laws, rules, or regulations that apply to the building before you sign the lease
  2. Make a list of any fees beyond your monthly rent that your landlord is asking you to pay. These illegal requests for additional money from tenants may come in the form of last month’s rent, a ‘security’ deposit (to ensure you stay through your whole lease), a ‘damage’ deposit (in case anything happens to the apartment), fees for your keys, or service fees for laundry machines, kitchen appliances, pools, that you have already been granted access to in your lease agreement.
  3. Another illegal fee that tenants may encounter is a lease transfer or a sublet fee. The cost for such a process should not exceed the cost of a credit cheque currently valued at 20-30$. Consult Transferring your lease or Subletting your apartment to learn about what is and  is not legally required in order to pass on your lease.
  4. Inform your landlord that you will not pay any illegal fee or deposit. IMPORTANT: Signing any clause in your lease that is contradicts the Official Quebec Lease or the Civil Code of Quebec, such as a clause to pay extra fees,  is without effect even if signed. If for any reason you decide to pay a deposit make sure to receive a receipt for any amount of money you give your landlord.

For more information:
Consult this handout from the Régie du Logement on “Paying the Rent”

FAQ

 

“Help! It’s an Emergency!”

Studio créatif Coloc,

Worst-case scenario: your apartment is subject to an emergency situation: fire, flood, electrical problem, etc. and something needs to be done NOW.

Instructions:

  1. If the situation requires it, contact the proper authorities immediately (police or fire department) via 911;
  2. Contact your landlord and ask them what to do. Generally they will call a professional immediately.If your landlord does not answer their phone or does not offer to help:
  3. Inform your landlord you will be contacting a professional and invoicing them later for whatever service is necessary. Contact the appropriate professional.If your landlord refuses to refund you for the emergency service you paid for:
  4. Write a demand letter to your landlord informing them that you need to be compensated.
  5. File for a hearing at the Régie du logement.

For more information:
http://www.rdl.gouv.qc.ca/en/pdf/reparations.pdf

FAQ

 

 

Eviction

Studio créatif Coloc,

Eviction is serious business and no one is ever quite prepared for it. Don’t panic!  Keep in mind you probably won’t  get thrown out of your place without warning. Eviction is often used as a mechanism to threaten tenants, however landlords must follow an official process which provides tenants the opportunity to respond appropriately and ultimately protect themselves from getting kicked out.  Eviction often happens because of non-payment of rent, although other issues, such as excessive noise complaints, can also make you vulnerable to eviction threats.  Eviction happens when tenants fail to fulfil their responsibilities as indicated in the lease, therefore keep in mind that this differs from repossession and abandonment.

Instructions:

Tip: Make sure you  keep all letters and forms of correspondence between  you and  your landlord as well as your rent receipts.

  1. To begin the eviction process, the landlord must open a file against you at the Régie du logement. The rental board will then send you a copy of the application. The landlord cannot simply send you a letter in the mail stating that you are evicted! They must go through a formal, legal process.
  2. You will be sent the time and date of your hearing. You can also check this online at http://www.rdl.gouv.qc.ca/en/suivi/suivi.asp .
  3. You should visit a housing committee for assistance in preparing for your hearing. If you are being evicted due to non-payment or late payment of rent please see Paying the rent for more info. Please note that if this is the case you will have a chance to pay the rent in full before or at the hearing and thus will likely not be evicted.

FAQ

 

 

Dealing with Harassment from your Landlord

Studio créatif Coloc,

Bullying, harassment and/or threats are never acceptable from your landlord. Harassment is not restricted to physical or verbal abuse. It can take  many different forms including (but not limited to) cutting off heat or electricity, knocking on the door or calling at unreasonable hours, sexual advances, theft, changing the locks etc. Threatening to do these things is also illegal.  If your landlord is making any physical, verbal, written or sexual threats against you, you should act immediately. The landlord may not discriminate against you on the grounds of race, gender, sexuality, religion or nationality.

Instructions:

NOTE: If any of the following makes you feel more risk, please consider your safety and comfort levels first.

  1. Call or visit someone you trust and tell them about your situation. Letting others know what you are facing can be helpful, you should not have to suffer alone! Having another person updated about your situation may help protect you as this person could act as a witness in future legal proceedings.
  2. Think about what you want to do. As emotionally draining and traumatic as these instances are you should do your best to consider what you need so that you can create an effective plan to address the unpleasant behavior. For example: do you want to take this person to court? Do you want this person to stop speaking with you in person?
  3. Try and document the harassment. Take notes about what is happening and carry a camera with you (such as a cellphone) in order to record instances of discriminatory behvaior. Even if you record just the audio of an incident, it helps to corroborate your experiences and can be used as evidence in later proceedings.
  4. For any situation posing immediate or eminent physical, emotional or psychological danger contact the police at 911 or visit your local police station.
  5. Write a demand letter to your landlord demanding they stop any harassment immediately. If you wish to resiliate your lease or receive moral damages due to your experience demand these things at the same time. If the Landlord does not respond appropriately you may want to file at the Régie du logement for a hearing.

FAQ

 

 

Repossession of a Dwelling

Studio créatif Coloc,

Is your landlord trying to  give you the boot?  Under Quebec law, tenants who comply with the conditions of the lease may remain in the dwelling for as long as they wish. However, the landlord may reposess the dwelling if they wish to:  a) live there themself, or b) have a family member, relative or spouse move in. In both cases, the landlord must provide  an official notice to the tenant at least 6 months before the end of the lease, if they wish to repossess at the end of the lease term. You have the option of refusing this notice, and often the matter is decided upon by the Régie du Logement. Here’s the process:

Instructions:

First of all, decide if you would like to contest the repossession.

If you want to stay in your dwelling:

  1. Your landlord sends you a notice to repossess,  which must arrive a minimum of six months before the end of your lease in order to be legal. You can either respond by sending a registered letter within one month of the day you recieved the notice stating you do not accept the repossession,  or you may choose not to respond, in which case it is similarly assumed that you refuse the reposession. Wait for a letter informing you of your hearing at the Régie du logement. This hearing must be filed for, by your landlord, within the month following your reply or non-reply; otherwise your landlord cannot repossess the dwelling.
  2. Attend your Régie du logement hearing. The tribunal will either accept or refuse your landlord’s repossession. If they accept your landlord’s repossession notice they will determine a reasonable time delay for you to move out and determine what moving and inconvenience costs your landlord should pay you.
  3. If the repossession is accepted, begin looking for another dwelling.

Or if you accept the repossession of the dwelling:

  1. After your landlord sends you the six months notice letter (six months before the end of your lease) you must send a registered letter to the landlord indicating that you accept the repossession. In this letter you may request that they cover your moving costs.

FAQ

 

Paying the rent

Studio créatif Coloc,

Bills bills bills! Above all, you’ve got to pay that rent. It is your  greatest responsibility as a tenant to pay the rent consistently and on time. Failure to fulfill this responsibility could cause some serious problems for you, and you may be taken to  the Régie du logement and potentially be evicted from the dwelling.  However don’t worry, paying your rent is fairly straightforward, and there are regulations created by the Régie du logement concerning how and when to pay  the rent. Remember, even if your landlord is not meeting their responsibilities by maintaining the safety and sanitation of your dwelling you are not entitled to deal with this problem by withholding rent.

Instructions:

  1. Ensure you pay the rent on time. Before signing a lease consider the amount of rent the dwelling in question requires. Think carefully about the amount and ensure that you feel comfortable with paying that much every month.
  2. Pay the rent as it is stated in your lease, on the date you need to pay it and to the person you need to pay it to. You should make an agreement with your landlord in regards to the details of this transaction. Agree on a time and a place to pay the rent (generally rent is due on the 1st of every month). In the eyes of the law, if no particular arrangement has been made, the landlord has the responsibility to collect the rent at the tenant’s home.
  3. Be sure to get receipts from the landlord when you pay your rent. This is really important! You can pay the rent to your landlord, their management company or the landlord’s mandatory. If you are unsure of who to pay the rent to due to circumstances such as a sale of the building, a bankruptcy or a death, you may apply to the Régie du logement to deposit your rent with them.
  4. Know that you are not required to pay with post dated cheques. Nor are you required to pay more than one month at a time.

FAQ

 

Responding to a modification or rental increase

Studio créatif Coloc,

The landlord has just sent you a notice to modify part of your lease, what to do now? Don’t panic, the landlord cannot modify your lease during the period of your lease. If they would like to modify any part of your lease they must give you a written notice within a certain time frame. It is your legal right to refuse the proposed modifications but make sure you send in your written reply within a month following the receipt of the notice. If you don’t send a reply it is automatically assumed that you have agreed to the modifications.

Instructions:

  1. Make sure your landlord has sent the notice in the right time frame. If it isn’t within the right time frame the increase notice is not valid.

    Length of Lease Modification of lease Notice from Landlord
    1 year or more 3 to 6 months before the end date of lease
    Less than one year 1 to 2 months before the end date of lease
    No end date 2 months before the start of rental increase
    Lease of a room 10 to 20 days before the end date of lease
  2. Write a letter to your landlord with your reply :
    1. accepting the proposed modifications and renewing the lease
    2. refusing the proposed modifications and leaving the dwelling
    3. refusing the proposed modifications and renewing the lease
  3. Send your reply by registered mail or deliver it in person; make sure to get the signature of the recipient acknowledging they received it within one month of receiving notice acknowledgement of receipt from the recipient, within one month of receiving the notice of increase from your landlord.

FAQ

 

Credit Check

Studio créatif Coloc,

Your landlord has asked you for proof of your ability to pay previous rents; you know that asking for bank statements, employment records, and your social insurance number (SIN) are all illegal, so what are your options?  One option is to conduct a credit check on yourself and print out a copy of the report to give to your landlord. This record details your financial accountability for as long as you have borrowed money through a credit card and paid bills online. Banks or other lenders will send information about your accounts to credit reporting agencies. Your credit report also includes personal information that is available in public records, such as a bankruptcy, default, or other financial information.

Instructions:

  1. Access your credit history in one of three ways; either online, by the post, or by fax. Online is by far the quickest and easiest but unfortunately there is a cost ranging from twenty to thirty dollars depending on the agency.
  2. Fill out the required forms that will ask you for your SIN number, address, and other personal information and proof of identity. This is one of the few instances when giving your SIN number is required to access your records.
  3. Pay the fees if applicable.
  4. If done online, you should receive your report immediately and you can print out a copy of the report to give to the landlord. If done by mail or fax, you may have to wait up to two weeks.
  5. Photocopy your report if you are looking at multiple apartments.

FAQ

 

Finding a housing committee

Studio créatif Coloc,

Housing problems? There are people who can help! Your local housing committee or, in French, comité de logement is here to walk you through your housing rights and responsibilities- much like this website. The umbrella organization representing the interests of all these groups in Québec is called Le Regroupement des Comités  Logement et Association des Locataires du Québec (RCLALQ) and they provide a directory for all of Québec’s housing groups. Need to consult a professional? Here’s how;

Instructions:

  1. Consult this list of housing committees:
  2. Find your local housing committee on the list and consult their website for hours of operation.
  3. Call or visit your local housing committee.
    Note: Generally for any matter that involves legal information you will need to visit the housing committee in person.

For more information:
http://www.rclalq.qc.ca/

FAQ

 

Writing a Joint Tenancy Agreement

Studio créatif Coloc,

Making a housing agreement? Let’s get it in paper! When you and your roommate(s) sign a lease together you are considered ‘Joint Tenants’; this means you enter into a legal relationship with both your landlord and your roommates committing to pay the allotted portion of your rent on the specified day that it is due. We recommend tenants in this situation sign another legal agreement known as a Joint Tenancy Agreement. This is a contract between the tenants formally recognizing how the apartment will be used and how costs and responsibilities will be divided. Each joint-tenant has a legal right to peaceful enjoyment of the dwelling; however we all have different interpretations of what this means. The purpose of the Joint Tenancy Agreement is to clear up ambiguity and establish a clear set of guidelines that the tenants can be held to respect. You can view a Joint Tenancy Agreement here.

Instructions

  1. Internal Communication. Figure out exactly what your ideal living arrangement would be. Think of points that you cannot compromise on and points that are open to negotiation. For example,  maybe you don’t want to live in a space where your roommates have weekly rock concerts; however perhaps you don’t mind it happening once a month. Some topics include: how and when rent will be made, rules of having guests and for how long they can stay, smoking and drug use in the apartment.
    If you are having trouble thinking about specific points consult online examples of Joint Tenancy Agreements.
  2. Talk to your roommates and listen to what they want from living in the apartment. Be open in this process. Joint tenancy means you each have the right to peaceful enjoyment of the dwelling so you should act in good faith to come to a mutual agreement.
  3. After taking some time to talk and think about what kind of apartment you want to live in write down each of these points in a clear way and in a language you can all mutually understand.
  4. Make sure you all agree to these points and in the way they are written.
  5. Sign each copy of the document and keep it in a safe place.
  6. Refer to this document if problems between roommates occur; this document can be used as proof of contract in court so make sure that you fully read and understand everything contained in the document

FAQ

 

 

How to write a Demand Letter

Studio créatif Coloc,

It is important to have good communication with your landlord, and sometimes informal communication can solve any number of apartment problems from necessary repairs to the behavior of the concierge. If after speaking to your landlord in-person or on the phone or after sending them an email or a text message, they do not address the problem, it is time to send a demand letter.

Did you know, a demand letter sent by registered mail is unfortunately the only official way of informing your landlord about an issue! Any legal action you take first requires giving official notice of the issue to the implicated party. This is the only way you will be able to open a file at the Régie du logement and/or enlist the help of  the city inspectors. It will also let your landlord know that you take the issue seriously and know your rights.

Instructions

  1. An official demand letter often begins with the phrase “Without Prejudice”, as this indicates that your letter is intended as a formal notice of discontent. Remember this letter could be used in court as evidence where a third party could read it, so avoid personal attacks, foul language, and derogatory remarks.
  2. Write your letter in chronological order; list every event, person, and place that is implicated in your demand. This step is to outline your series of events to the other party as well as to any third parties that may become involved. Give details. Reference any emails, phone calls, or text messages exchanged between you and the opposing party.
  3. Make demands. Provide a list in point form of these demands so that the other party clearly knows what you want.
  4. Provide a prospective time limit in which  the other party must act. Generally, giving the other party ten days to execute your demands is sufficient unless the demand needs immediate attention (and is classified by the Régie du Logement as “urgent and necessary”) in which case 24hrs is enough.
  5. Inform the other party of possible legal recourse you will take: this could be taking your landlord to the Régie du Logement, a roommate to Civil Court, or contacting the city inspectors.
  6. Send your demand letter by registered mail or by bailiff. This is what makes it official as the letter requires a  signature in order for it to be received! It is a good idea to print the signed receipt off of the Canada Post Website for your records, and in case you later require this proof of receipt.

FAQ

 

 

Finding your landlord’s contact information

Studio créatif Coloc,

Many times when people sign a lease for a new dwelling they do not do so with the landlord of the building but the property manager or a representative of the landlord. Generally it is this person’s contact information that is listed on the lease. This person is an employee of your landlord and as such, over time, the person holding this position may change.  When issues arise you must contact your landlord or their representative; sometimes you may be uncomfortable speaking to them or you may not even know who they are. So, how do you find your landlord? Great question! Time to look up the municipal directory of property owners. Please note that this works for Montreal only.

Instructions

  1. Visit http://ville.montreal.qc.ca/portal/page?_pageid=3077,3528875&_dad=portal&_schema=PORTAL
  2. Select “Consultez le rôle d’évaluation foncière”.
  3. Enter only your street name (don’t enter the civic number!).
    Tip: Do not use shorthand or acronyms. If your street name begins with a “Saint” be sure to fully spell “Saint” and not “St”- the role foncier won’t recognize it otherwise.
  4. Select your street name and municipality from the list provided.
  5. Select your address from the list provided. If you landlord owns several dwellings, they’ll be grouped together.
  6. Tad-dah! All the registered information on your building. All of the information in “2. Propriétaire” is who and where you can send your registered letter to.

FAQ

 

 

Transferring your Lease as a Joint Tenant

Studio créatif Coloc,

Ok, so you’re moving out, but your lease is far from being finished. Not so fast, my friend! As you may know, tenants have the opportunity to transfer their lease to another person with the landlord’s consent, at any point during the lease. However, this can get a bit tricky if more than one person is on the lease. Keep in mind that as a joint tenant, you are responsible for one part of a collective lease. Here’s what to do:

Instructions

Figure out what the deal is: are you both joint-tenants moving out? Or just one of you? Both of you are responsible for equal portions of the lease and therefore each you have the responsibility to find a new person to cover your portion if you want to leave. If only one of you wishes to leave and the other one wishes to stay, it is important that the remaining tenant be a part of the decision making process for choosing a new tenant!

If both of you are leaving:

  1. Post an ad for the apartment: use the Hojo website or other classifieds websites such as Craigslist or Kijiji, and post a detailed ad, with pictures! You should stipulate that it is a lease transfer.
  2. Meet the potential new tenants: show your apartment to interested applicants, negotiate terms of the transfer, and make sure you mention that you will need two people to perform lease assignment transfers, in order for the responsibility of joint-tenancy to be fulfilled.
    Tip: choose someone with good-credit and good references in order to improve your chances of the lease transfer going through. You may choose to attach a credit check of the interested applicant to the transfer before presenting it to your landlord; this should eliminate the possibility of your landlord refusing the applicant based on bad credit.
  3. Once you settled upon tenants, send a lease assignment transfer notice to your landlord. Make sure you either send this form by registered mail or obtain a signed copy from your landlord. Your landlord has 10 days to respond to your notice, and if he/she does not send back any formal response within those 10 days then legally the transfer is automatically approved.
  4. Sign an Assignment of Lease Agreement with the new tenant(s). This will serve to clear up the details of your transfer, and affirm the details of the lease which will be taken on by the new tenant.

If you are leaving and your joint-tenant is staying:

  1. Post an ad for your room: be detailed and include photos! Indicate in your ad that it will be a lease assignment transfer. When looking through applicants, discuss with the remaining joint-tenant about the kind of person they wish to live with. In some cases the remaining tenant may wish to take on the process of finding a new roommate themselves. This is something you should decide amongst yourselves, but try and do your best to help with the search.
  2. Meet the interested applicants. Your remaining roommate should be a part of this process.
    Tip: Choose someone with good-credit and good references in order to improve your chances of the lease transfer going through. You may choose to attach a credit check of the interested applicant to the transfer before presenting it to your landlord; this should eliminate the possibility of your landlord refusing the applicant based on bad credit.
  3. Once you and your roommate have settled upon a tenant to replace you, send a lease assignment transfer notice document to your landlord. Make sure you either send this form by registered letter or obtain a signed copy from your landlord. Your landlord has 10 days to respond to your notice, and if he/she does not send back any formal response within those 10 days then legally the transfer is automatically approved.
  4. Sign an Assignment of Lease Agreement with the new tenant. This will serve to clear up the details of your transfer, and affirm the details of the lease which will be taken on by the new tenant.

FAQ

 

 

Failure of One Joint Tenant to Pay Rent

Studio créatif Coloc,

If you signed a lease with a joint tenant, and that tenant stops paying their share of rent, things can get complicated as you are both equally responsible for the rent of the dwelling in full. You don’t want to be held responsible for your roommates portion of the rent, so take the following steps to ensure you do your best to resolve the situation

Instructions:

  1. Have an honest and respectful conversation with your roommate, regarding the non-payment. Don’t instantly assume that they are trying to mess with you, try and understand where they are coming from, and see if you can resolve things without taking legal measures. If your roommate can no longer afford rent then perhaps they need to do a lease transfer in order to find something more affordable.
  2. If no resolution can be made, and your roommate outright refuses to pay their portion of the rent, you may choose to send a demand letter, stating that the rent be paid within a specific time frame. Meanwhile, it could be helpful to contact the landlord and explain the situation, as they are probably wondering why the rent has not been paid in full, and may open a file against you for non-payment. Try to work together with the landlord to figure out how and when the rent will be paid.
  3. If the roommate still refuses to pay and ignores your demand letter, you may decide to open a file against them at the Régie du logement. Although going to the tribunal may sound drastic, your landlord could take all the leaseholders to court for non-payment. If this is the case, you may need to defend your position by going to the Régie du logement and presenting your receipts and demand letter as proof of your attempts to fulfill the obligations of the lease.

FAQ

 

 

Failure of the sub-tenant to pay the rent

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Whether you’re going on vacation, taking a trip back home, going on exchange or any other temporary vacancy situation, you may need to sublet your dwelling so that the rent continues to get paid while you are away. You want to make sure the rent actually does get paid, and as long as you have followed the instructions and have an official sublet agreement, you should be able to seek recourse for non-payment.

Instructions

  1. Make sure you have followed the instructions for an official sublet agreement. This entails using an Official Quebec Lease, crossing out the “Lessor” and “Lessee” on the first page and filling in “Sub-lessor” and “Sub-tenant” to indicate that it is a sublet. This type of agreement is recognized by the Régie du Logement’s.
  2. If your sub-tenant fails to pay rent, contact them and find out why, and if they are planning on paying in the near future. If you have remaining roommates in the dwelling, you may choose to enlist their help in finding out why the rent has not been paid. Try and be as respectful as possible, you don’t necessarily know your sublessee’s situation, and it’s always best to resolve issues as peaceably as possible.
  3. If your sub-tenant still refuses to pay, send them a demand letter, requesting that your sub-tenant pay the rent in question within a specific time frame.
  4. If the sub-tenant does not respond to the demand letter in the time frame provided, you may choose to seek recourse at the Régie du logement. Make sure you are organized and have all of your documents at hand.

FAQ

 

 

Failure of an occupant to pay rent

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So you’re sharing an apartment with a joint tenants, and everything is peachy until all of a sudden one person fails to pay the rent in full. If this person is not on the lease but has an agreement with the tenant who is on the lease, that person is classified as an occupant.  An occupant is not covered by the Régie du logement, so it can be a little unclear as to what to do in that situation. As the official tenant on the lease, you don’t want to be held responsible for your roommate’s non-payment, so follow these steps in order to figure out your next move.

Instructions:

  1. Have an honest conversation with the occupant. You don’t necessarily know the full story about why they have not paid, so give them a chance to explain. See if you are able to resolve the issue without breaking down the communication or escalating the situation.
  2. If the issue cannot be resolved through conversation, you may want to send your roommate a demand letter. This letter will act as legal proof, if you send it through registered mail, that although you have a legally binding agreement, the occupant is not fulfilling the responsibility of payment. Although this letter will not be useful in the context of the Régie du logement, you may able to seek recourse in a civil court, such as the Small Claims Court.
  3. After you have sent a demand letter through registered mail and the roommate still refuses to pay, you as the tenant may choose to ask that person to leave, so that you can find someone who can pay the rent. This should also be done through a letter or written notice, and usually corresponds to the end of a month-long period.
  4. You may also attempt to recover the unpaid rent in the Small Claims Court. If this is the case, make sure you have all your documents organized  and conduct  the necessary research in order to file a claim.

FAQ

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When your neighbours complain about noise

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You have been living in an apartment for years or maybe just moved into a new one; while having friends over one evening your neighbour comes and asks you to keep the noise down. You do your best but a week later you receive a complaint in writing. What can you do about it?

You and your neighbours all have a legal right to what is known as ‘peaceful enjoyment of the dwelling’ at all times of day. Whether it is the morning on a weekday or early evening on a weekend you must respect your  neighbours. Noise complaints made to the police after certain times can result in a ticket; however this is in addition to consequences coming from the landlord. You can be taken to the Régie du logement over noise complaints which can result in fines and eviction.

Instructions:

  1. Talk to your neighbours; try and understand why they are upset by the noise. Perhaps they work night shifts and must sleep during the day; have young children who are disturbed by the noise; or perhaps the walls are thinner than you think.
  2. If you received a letter from your landlord make sure to respond in writing; explain the situation from your perspective, ask clarifying questions, and provide information about how your behavior will change.
  3. Try to pinpoint the specific times of the day where your noise bothers your neighbours and work around that. If you are having a large event or party in your apartment, try giving your neighbour advanced notice so it is expected and they can plan around it.
  4. If no agreement can be made, it may be best to begin looking for a new apartment so that your landlord does not take legal action against you.

FAQ

 

 

How to deal with noisy neighbors

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Imagine this: you are in the middle of midterms studying away,  when all of a sudden your neighbours decide to start an Iron Maiden cover band, and you can’t even hear yourself think, let alone study. Dealing with excessively noisy neighbors can greatly disturb your quality of life, your ability to study, and your sleep schedule. As a tenant, you have the right to peaceful enjoyment of the dwelling. So how much noise is too much? When is it time to involve your Landlord? Here are the steps.

Instructions

  1. Before involving the landlord, it may be best to knock on your neighbour’s door and have a diplomatic conversation with them about the noise. Be polite, explain your situation and try to come to a mutual agreement. This is not legally necessary, but simply neighbourly.
  2. If the noise continues or your neighbors are not receptive to communication, you should inform your landlord about the problem via an official demand letter.
  3. If the noise continues, your landlord may choose to take the noisy tenants to the Régie du logement, even going so far as cancelling their lease. Keep in mind that if your landlord does not act, you may choose to seek recourse against him at the Régie du logement, asking for a rent reduction or damages.

FAQ

 

Abandonment

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A lease is a legally binding agreement, in most cases the tenant does not have the right to abandon the dwelling, and in doing so could result in getting sued for non-payment of rent at the Régie du Logement. If you are having problems in your apartment, you have the responsibility of sending a demand letter to your landlord and potentially resolving the problem with the help of the Régie du Logement. However, in certain cases, your apartment could become uninhabitable, this could be due to a fire, flood, excessive vermin, or other forces of nature which suddenly take over your dwelling. Before you hit the road, make sure you call the city inspectors in order to obtain an official report which deems your dwelling officially unfit for habitation. After having done so, here is how to proceed;

Instructions

  1. Inform your landlord of the situation leading you to abandoning the dwelling.
  2. Send the notice of abandonment by registered mail to your landlord before you leave the dwelling or within the next 10 days and attach any relevant documentation to the emergency or state of your apartment. Do this regardless of whether or not you have already abandoned the dwelling (in the case of an emergency like a fire or a flood). If you wish to move back into the apartment after it has been repaired from the incident, it is important to indicate your temporary address so your landlord can contact you when the apartment is ready. Otherwise, your lease is considered resiliated.
  3. If you can move your items out of the apartment and into your new accommodations, do so.
  4. If you informed your landlord of your new address they should send you a notice of when the apartment is fit for habitation again. At this point you can choose to either move back in to your place, or not. Either way it is important to respond to your landlord within 10 days by registered mail.

FAQ

 

 

Freezing and your landlord won’t turn on the heat?

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Who would have thought, Montreal is actually as cold as they say it is! Montreal is an old city with old buildings and cold seasons and as such heating is an ongoing issue for tenants. This mean that the landlord is legally required to ensure an adequate temperature in the dwelling throughout the year if the lease stipulates it is their responsibility.  Your apartment must always be a comfortable temperature; in the winter this generally assumed to be at or around 21 Degrees Celsius (70°F).

Instructions:

  1. Make sure to check your lease to ensure the landlord is responsible for the heating. This will be indicated under the ‘responsibilities’ section and should have a box ticked off under ‘landlord’ for the heating.
  2. Send a demand letter to your landlord through registered mail stating your concern about the inadequate heating. Include a copy of the Régie du logement’s handout on heating (Heating Problems).
  3. You need solid evidence that your apartment is cold! Record the temperatures of your apartment by putting a thermometer on a chair in the middle of each room in your apartment. Indicate the date, time, outdoor temperature and indoor temperature for a period of days. See this temperature registry as an example of how to keep track of temperatures in your apartment.
  4. Witnesses may also be used, invite your friends over to chill.
  5. This document can be utilized to negotiate with your landlord and also as evidence at a hearing at the Régie du logement.

FAQ

 

 

Subletting your dwelling

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You’re happy with your apartment and don’t have any immediate plans of moving out, however if you plan on going home for the summer, participating in an exchange, or leaving the apartment for any extended period of time, you may choose to sublet your dwelling. Finding a subtenant means finding someone to live temporarily in your dwelling and pay the rent for the time that you are gone.  Keep in mind however, you are ultimately responsible for the rent and condition of the apartment. Here are the steps to subletting.

Instructions:

  1. Post an ad for your apartment online, indicating that it will be available for a short-term sublet. Include a detailed description of the place, and add photos!
  2. Have interested applicants come see the place. It is important to choose a responsible subtenant who you believe is capable of paying rent. Ultimately you are still responsible for the apartment in the long-term, so try and use your best judgment.
  3. Fill out a sublet agreement by picking up an Official Quebec Lease from the Régie du Logement, cross out the words “tenant” and “landlord” in the identification box and replace them with “sub-tenant” and “tenant” respectively. This contract is officially recognized by the Régie du Logement, providing that the Landlord consents to the sublet.
  4. Send a Notice to Sublet  to the Landlord. Much like a lease transfer assignment, the landlord has 15 days to respond, and if they do not respond it means that the sublet is automatically approved. Technically a landlord should not refuse a sublet without a valid reason.
  5. Figure out a payment method so that you can be sure the rent is paid consistently and on time while you are away. Perhaps you want the money transferred to you, or entrust a roommate to make sure the rent gets paid.

FAQ

 

Transferring your lease

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Planning to leave your dwelling before the end of your lease? Not so fast, my friend. If you have signed a lease and you wish to move out before the date that the lease is finished, you may choose to assign your lease to a new tenant. Contrary to popular belief, a tenant may not simply give their landlord notice and move out. A lease is actually very difficult to break, it requires consent from both the tenant and the landlord, and generally landlords will not simply cancel a lease without charging a sizable penalty fee. Furthermore, just because the landlord is not upholding the responsibilities as indicated in the lease, it does not give the tenant grounds to simply move out. For more information on how to address problems with the Landlord or within the apartment, see How to write a Legal Demand Letter.

If you wish to move out, and your apartment is in reasonable condition, you may decide to assign your lease, which means transferring all of your responsibilities to a new tenant, who will take over the lease. Assigning the lease successfully means that you figuratively cross your name off the lease and replace it with a new tenant’s.  Here are the steps:

Instructions

  1. Post an ad for your apartment online, indicating that it is available for a lease transfer. Include a detailed description of the place, and add photos!
  2. Have interested applicants come see the place. It is important to choose a responsible new tenant who you believe will pay rent. To assist your application, you may want to ask a candidate to perform a credit check as this may expedite the process, by assuring the landlord that the new tenant can fulfill the obligations of the lease.
  3. Complete the  Notice to Assign the Lease, and send it with a completed credit check if you choose, via registered mail to your landlord. The landlord has 15 days to respond, technically he is only allowed to refuse the transfer with “good reason” aka, evidence that the candidate cannot pay the rent. If the Landlord does not send back an official response within 15 days, the Lease Transfer is automatically approved.
  4. Sign an Assignment of Lease Agreement between you and the new tenant. This will include the details, affirmations and conditions involved in transferring your lease.
  5. If the transfer goes through, leave your copy of the original Lease with the new tenant, and move out!

FAQ

 

 

Urgent and Necessary Repairs

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Imagine this: you’re relaxing in your pad, minding your own business, when the unthinkable happens: the ceiling falls in!  If this problem is not fixed immediately this could lead to a very damaging situation. Certain situations laid out by the Régie du logement as urgent and necessary repairs are; major leaks of the pipes or roof, faulty wiring, blocked sewer pipes, rotten stairs or balconies that give way, furnace breakdowns (especially during winter) and defects in locks on access doors to dwelling. These things happen and there are ways of fixing them as well as policies to abide by for you and your landlord.

Instructions:

  1. Contact your landlord to inform them of the issue and keep a record of all correspondence. You may choose to use phone and email in order to get in touch with them immediately, however it’s a good idea to send them a legal demand letter which acts as official proof of what is happening. Make sure to write down the date and times you attempt to get in touch. If you speak to someone other than your landlord make sure to record their name/title if they work for your landlord company.
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Rats? You gotta be kidding me

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These furry, grey or black creatures distinguish themselves from their smaller counterparts, mice, by their size- 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 as well. While it is not considered an urgent and necessary situation, it is your landlord’s responsibility to arrange an exterminator for any rats in your apartment.

Instructions:

  1. Call your landlord and inform them that your apartment is infested as soon as you see a rat; do not wait for it to go away and do not wait until you see more than one. Once notified your landlord must act immediately to correct the problem; this may require your landlord to hire an exterminator that can completely eliminate all of the rats.
  2. In the meantime, place any food that may come into contact with the rats in sealed food containers.
    Tip: this is a generally good practice to prevent any pests from chowing down on your food.

    If your landlord does not act or the problem persists with extermination or traps:

  3. Write a demand letter and send it through registered mail requesting further action for the removal of the pests.

    If problems persist:

  4. Open a file for a hearing at the Régie du logement.
  5. Fax your local municipal city inspector the demand letter you sent your landlord.

For more information consult this handout on Rats and Mice from the Government of Canada.

FAQ

 

 

There’s a Mouse in my House!

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Is something rustling through your apartment at night? Are bags of dry goods being subject to nibbling holes? Are you finding small holes in your dirty clothing? Sounds like a case of mice. Urban mice are small rodents with big ears and thin tails. They are generally grey or brown in coloring and are considerably smaller than their nastier vermin counterpart, the rat. As always, it is your landlord’s responsibility to clear out any pests.

Instructions:

  1. Call your landlord and inform them that your apartment is infested as soon as you see one mouse; do not wait for the problem to solve itself or wait until you see more than one. Once notified your landlord must act immediately to correct the problem; this may require your landlord to hire an exterminator that can completely eliminate all of the mice.
  2. In the meantime, place any food that may come into contact with the mice in sealed food containers.
    Tip: this is a generally good practice to prevent any pests from chowing down on your food.
  3. Place any dirty laundry in either sealed plastic bins or hang your clothing in bags away from the floor.

    If your landlord does not act or the problem persists with extermination or traps:

  4. Write a demand letter and send it through registered mail requesting further action for the removal of the pests.

    If problems persist:

  5. Open a file for a hearing at the Régie du logement.
  6. Fax your local city inspector the demand letter you sent to your landlord.

For more information consult this Handout on Rats and Mice from the Government of Canada.

FAQ

 

 

Did you say cockroaches !?

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Cockroaches range around 1.3 to 1.6 cm in length and are generally either brown or black in colour (though most commonly brown.) They’re a notoriously resilient pest and require swift extermination if found in your apartment. Like all other pests, it is your landlord’s responsibility to arrange the extermination.

Instructions:

  1. Call your landlord and inform them that your apartment is infested as soon as you see one cockroach; do not wait for it to go away and do not wait until you see more than one. Your landlord  must act immediately and call an exterminator for your apartment.
  2. In the meantime, place any food that may come into contact with the cockroaches in sealed food containers. Cockroaches can and will access any available food so be sure to not leave anything in the open for these creatures (this includes your pet’s food.)
    Tip: this is a generally good practice to prevent any pests from chowing down on your food.

    If your landlord does not act or the problem persists with extermination:

  3. Write a demand letter and send it through registered mail requesting further action for the removal of the pests.

    If problems persist:

  4. Open a file for a hearing at the Régie du logement.
  5. Fax your local municipal city inspector the demand letter you sent your landlord.

For more information consult this handout on Cockroaches from the Government of Canada.

FAQ

 

 

Don’t let the bedbugs bite

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Bedbugs are tiny insects that may  show up in  your apartment unexpectedly, brought in from the metro, a friend’s house, through your neighbour’s apartment, anywhere really! They are brownish insects about 4mm (1/8 in) visible to the naked eye and can be seen on your bed;  they leave reddish bite marks on the skin that itch but are non fatal.  Living with bedbugs is highly unpleasant, and eliminating them requires a professional exterminator! Keep in mind that your landlord is always responsible for the extermination of pests in your apartment.

Instructions:

  1. Call your landlord and inform them that your apartment is infested as soon as you see one bedbug or find bites on your skin; do not wait for the problem to solve itself or wait until you see more than one. Once notified your landlord must act immediately to correct the problem; this requires your landlord to hire an exterminator that can completely eliminate all of the bedbugs.
  2. Prepare your apartment for extermination. Put all of your clothes, towels, and bedsheets in plastic bags in preparation to be washed. Make sure you think of everything that could potentially host these unpleasant critters.
  3. Leave your apartment for at least four hours after the extermination has been completed.  In the meantime (or once you get back,) wash everything in hot water and dry on high heat. Even your shoes may be hosts for these unpleasant guests! If you cannot wash an item you could consider placing it in a freezer to kill any eggs; make sure to research if any of these practices will damage your possessions!

    If your landlord does not act or the problem persists with extermination:

  4. Write a demand letter and send it through registered mail requesting further action for the removal of the pests.

    If problems persist:

  5. Open a file for a hearing at the Régie du logement.
  6. Fax your local city inspector with the demand letter you sent your landlord.

For more information consult this handout on Bedbugs from the Government of Canada.

FAQ

 

Got ants in your pants?

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Ants can range from 1 millimetre to 13 millimetres in size and are generally black, brown, red or yellow in colour. While these little pests seem to be everywhere, don’t worry, the vast majority of species of ants are harmless. Even so, it is your landlord’s responsibility to make your home ant-free!

Instructions:

  1. Call your landlord and inform them that your apartment is infested as soon as you see ants; do not wait for the problem to go away by itself. Your landlord should act immediately and either call an exterminator or purchase traps for your apartment.
  2. In the meantime, place any food that may come into contact with the ants in sealed food containers.
    Tip: this is a generally good practice to prevent any pests from chowing down on your food.If your landlord does not act or the problem persists with extermination or traps:
  3. Write a demand letter and send it through registered mail requesting further action for the removal of the pests. If problems persist:
  4. Open a file for a hearing at the Régie du logement.
  5. Fax your local city inspector the demand letter you sent your landlord.

For more information:
http://healthycanadians.gc.ca/healthy-living-vie-saine/environment-environnement/pesticides/ants-fourmis-eng.php

FAQ