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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 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

“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

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

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

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 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

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

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

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

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