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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

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

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

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

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

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.
2. If