Stay tuned for our latest news
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:
- 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.
- 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.
- 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.
- 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:
- 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.
- 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.
- 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.
- 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
What if the remaining joint-tenant doesn’t like any of the applicants that come to see my apartment?
This is tricky, as you want to find someone who your roommate approves of since they are the one who will be living with the new tenant. Do your best to work out any personal conflict with your roommate and negotiate a compromise. This is one of the issues involved in signing a lease as a joint-tenant!
Can my landlord charge me for doing a lease transfer?
No. According to the Régie du logement, the landlord may not charge a fee for transferring the lease. Although may charge the price of the credit check if they decide to do one. However you can do it yourself free of charge. See
Credit check for more information.
Can’t I just let my landlord do all the paperwork? What if he/she offers?
Even if your landlord wants to take on the responsibility of finding a new tenant, you must make sure you have a signed and dated lease assignment transfer document. This is the only way to prove that your legal responsibilities have been officially transferred to the new tenant. If you do not have this document you may be vulnerable to being sued for
non-payment.
What if the Landlord refuses the lease transfer?
Legally the landlord may not refuse the assignment of the lease without a serious reason, such as evidence that the applicant does not have the means to pay the rent, or a negative reference from a previous landlord or from the Régie du logement. If you believe your landlord has refused your lease transfer based on personal bias or any other inappropriate reason, you may choose to send an official
demand letter and seek recourse at the Régie du logement.]
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:
- 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.
- 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.
- 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
Shouldn’t I just lend the money to my roommate?
Some people may choose to lend their roommate the rent money; however this is at your own discretion. If you sign a joint-tenancy agreement, it means that both of you agree to take on the responsibility to share the rent, therefore it is not your obligation to lend money.
Will I get evicted if my roommate refuses to pay rent?
Eviction may be a possibility if the rent of the dwelling does not get paid in full. The eviction process may take months and tenants may ultimately be held responsible for the entire rent for the whole length of the lease. In order to ensure that you are not held responsible for additional months of rent, both keeping your receipts of rental payment and sending the demand letter to your roommate are important steps in defending your position as a paying tenant.
What if my Landlord won’t listen to me?
It’s always important to keep your receipts when you pay rent. That way, even if your landlord refuses to hear your side of the story, you can present your receipts as well as your demand letters to the Régie du Logement.
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
- 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.
- 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.
- 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.
- 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
I didn’t sign an official sublet agreement. Do I have any form of recourse?
It’s difficult to win a case if you don’t have documentation to prove you have an agreement. You may have recourse even if you have a verbal agreement, however it is less clear. Remember, written agreements are always best!
How do I prepare for a hearing at the Régie du logement?
See
how to prepare for a hearing for the specifics on how to get ready and visit your local
housing committee.
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:
- 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.
- 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.
- 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.
- 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
Can I be held responsible for my occupant’s failure to pay rent?
Yes, if you are the tenant responsible for the apartment, and the landlord does not receive the rent in full, you could be taken to the Régie du logement for non-payment of rent. Therefore, you should take action to make sure the rent gets paid in full.
[/accordion-item]
What if I have given written notice to the occupant asking them to leave but they refuse to comply?
As the official tenant, you have the right to share the apartment with occupants who will pay the rent. If your roommate refuses to pay the rent and also refuses to leave the premises, you have the right to change the locks (with the landlord’s consent) if things escalate. Try and reach a resolution, perhaps with the help of mediator, before it gets to this point. Warn them that if they refuse to leave after a certain time frame, the lock will be changed.
How do I file at the Small Claims Court?
The first step to filing a claim will be sending an official demand letter by registered mail to your roommate describing the situation. Consult this website for more information about how to file:
http://www.educaloi.qc.ca/en/capsules/small-claims-court-how-prepare
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:
- 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.
- 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.
- 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.
- 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
My noise takes place before midnight and my municipality has by-laws saying that noise is okay at certain times, is this true?
Even if you live in a borough where noise complaints made to police cannot be made until a certain time of day all tenants have a right to peaceful enjoyment of the dwelling which overrides local
by-laws; while complaints made to the police may not be enforced your landlord has the legal obligation to follow up on noise complaints.
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
- 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.
- 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.
- 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
My neighbours have a newborn that cries frequently and the noise keeps me up at night, I recognize that it is not my neighbours’ fault but the noise prevents me from the peaceful enjoyment of my dwelling. Can I complain to my landlord?
Yes. Even if it is children making noise your landlord has the obligation of result when it comes to noise and the peaceful enjoyment of your dwelling.
How can I prove to my landlord that my neighbours are frequently noisy?
Your landlord has a legal obligation to ensure the tenant’s peaceful enjoyment of the dwelling. This means they are legally obliged to act on noise complaints. If the noise is sporadic keep a noise journal for a week or longer if necessary. Document the time and nature of the noise disturbances you are experiencing and then contact your landlord. In the case of tenants living in a large building the landlord may be able to find the source of the noise with the help of your notes. You can also ask witnesses including friends or family members to visit your home when the noise typically occurs in order to be a witness to the noise problem should you later need their help.
