Credit Check

Studio créatif Coloc, 9 January 2015

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

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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

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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

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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

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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