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Breaking down the lease one section at a time…

Section A

This section states the names of those entering in the legal agreement.  The lessee is the person renting from the landlord. The landlord and lessor are referred to as the same person; they are the ones you will refer to when there are problems and also who you will pay rent to.

Section B

This is in relation to the dwelling which you shall be renting. It stipulates the exact quarters your lease will cover, such as outdoor areas and parking spaces. This is also the section that indicates what furniture is included in the lease and also which appliances if any.

Section C

This indicates the length of the lease. It is really important to remember that a lease renews automatically! This means that you have to send a notice of non-renewal to your landlord if you want to move out or else you are the one responsible for paying rent.

Section D

This section concerns all the details relating the rent including where to pay when to pay and how much to pay. These are important details as it is the tenants’ primary responsibility to pay on time.

Section E

The landlord may have their own set of rules in regards to the building however if they go against the Régie du Logement’s policies they are invalid. For example it is illegal to charge money for a lease transfer, therefore even if you have agreed to these kinds of by-laws within your lease, they are illegal and thus invalid.

This is also the section where you would add the repairs that you and your landlord have agreed upon.

The continued part of section E outlines who is responsible for which service. A checkmark will be made under the designated person (landlord or lessee). This  means that your landlord is legally obliged to deliver the services that are designated as their responsibility.

If this section indicates that animals are not allowed although your landlord agrees to it verbally, the landlords has reserved right to ask you to get rid of them.

The lease speaks louder than any verbal agreement!

Section F

This section is to be filled out if one of the situations applies to you.

Section G

This section is key in regards to keeping your rent affordable! It is common practice for landlords to hike the rent between tenants, this way they do not need to justify the increase. However, they are only allowed to hike it according to the increases set forth by the Regie du logement (see Calculation document for more details). This means by filling out section G your rent will not simply increase due to the fact that you’re a new tenant. Make sure that your Landlord fills out this section!

Section H

If you want to be a tenant then you must be on the lease. If your name does not appear on the lease then you are not considered to be a tenant in the eyes of the Regie du logement. This means you are entering in a legally binding contract with your landlord. By signing the lease, you have rights and responsibilities as a tenant.

Section I

If you are married and using the dwelling as a family residence you must notify the landlord because as they will need written consent from the spouse in order to permit  a sublet or lease transfer.

 

The lease is the most important tool for a tenant. This legally binding contract between tenant and landlord means you have legal recourse as it enables you to be covered by the housing laws of the Régie du logement. There are different scenarios in which you may sign a written agreement in regards to your dwelling:

Figure out where you stand:

• Will you have a written agreement (lease) with the person who owns the dwelling (landlord) or one of their representatives (management company etc.) This means you are a tenant and you are covered by the Régie du logement.
  If your roommates will also be on the lease then you will all be joint-tenants. This means you and your roommates are bound by a legal contract with your landlord. You may want to consider writing a joint-tenancy agreement with them.
• Maybe you will have a written agreement with the person you are living with, who already has a written agreement with the landlord that you are not involved with, this means you are an occupant. In this case you will not be covered by the Régie du logement-unless there are 3 of you or more, then you are occupants covered by the Régie du logement. Power in numbers!
• Finally, maybe you live with the person who owns the dwelling-this makes you a boarder. In this case you are entitled to legal recourse through the Régie du logement if you have access to a separate bathroom and have a separate entrance than the owner.

What does ‘being covered’ do for me anyways?

In short if you are covered by the Régie du logement, you have RIGHTS AS A TENANT! This may not seem overly exciting right now, but imagine if something breaks in your apartment or you get bedbugs or your neighbors start playing very loud music every night. This all becomes your landlords responsibility as they are LEGALLY responsible to ensure your ‘peaceful enjoyment of the dwelling’.

It also means that if there are things promised in your lease that are not being delivered-you can send a demand letter to your landlord and they have a legal responsibility to oblige!

Remember:  You cannot sign away your rights! You are protected by the Quebec Civil Code (lease or no lease) which states that you cannot sign your rights away. Therefore if there is an illegal clause in a lease you have signed-it is void! For example: Your lease stipulates a 200$ fee for a sublet but according to the Régie it is illegal to charge a fee for a sublet (as it is your right as a tenant to do so) thus this clause is void even if you have signed the lease.