2 steps to avoid paying for damages

Studio créatif Coloc, 19 December 2014

1. First things first…Inspect!

Once you’ve signed a lease and have moved in to your new dwelling, be sure to inspect it before unpacking all your boxes. Take pictures of the place to illustrate the condition in which you got it. This will come in handy if your landlord later thinks you may have caused some damage that was evident when you moved in. Although signing a lease is pretty final there exists a 10-day grace period set forth by the Régie du logement in which you can report major problems that you were unaware of before that time.

2. Tenant insurance?

As a tenant, you may also want to consider tenant insurance for protection against damages that could occur and for which you might be held responsible. Although the landlord is responsible for repairing damages relating to wear and tear they are not necessarily responsible for damages occurring out of a tenant’s negligence. The difference is sometimes hard to prove leaving tenants vulnerable to high costs of repairs. Tenant’s insurance works much like other kinds of insurance where you pay a monthly insurance fee and in return are reimbursed a certain amount for the damages for which you are being charged. Tenant insurance is different from homeowner insurance as the previous one provides coverage for house attachments such as a shed or a garage. Both types of insurance include coverage for additional living expenses, liability and personal belongings. This means that if you have tenant insurance and something happens in your dwelling where you would have to leave for a period of time, you could be covered for those living expenses.

If you decide to take insurance make sure to photograph all of your belongings, because this is the only proof you will have to get those replace in case of fire, water damage, or other unexpected issues.

The Cost

The cost of tenant insurance will depend on several factors such as where you live, how and when your dwelling was constructed and the insurance company you choose. Furthermore, the more things of value you own, the more expensive your insurance will be as the coverage you will need will increase. There exists different levels of insurance so you can choose one that you feel most comfortable with. Furthermore you can get  home insurance from a variety of institutions: private insurance companies, banks or credit unions.

For more information on Tenant’s insurance: Insurance Bureau of Canada

4 methods of ensuring you move out properly

Studio créatif Coloc,

As a new tenant, something important you should be aware of is that the process of moving out in Quebec is distinct from that of other provinces, and there are a number of legal implications involved.

Perhaps the most important difference about Quebec law versus housing laws in other provinces, is that leases in Quebec automatically renew. This means that if you have signed a lease, you are legally entitled to remain living in the dwelling for as long as you want, provided you comply with the conditions of the lease. It also means that unless you provide proper notice to your Landlord several months before the lease end date, you are legally required to keep paying rent year after year.

Moving out correctly requires time and organization, so don’t leave things to the last minute or you may encounter troubles down the road.  Here is an overview of your options

1. Non-Renewal

Tenants whose names appear on the lease:

Most tenants are required to sign an official Québec lease, which enters you into a legal relationship with your Landlord. If you plan to move out of the apartment at the end of your lease, you must pay close attention to the amount of notice you are required to give to your Landlord:

  • Leases of 12 months require at least 3-6 months notice
  • Leases of less than 12 months or “indeterminate” leases require 1-2 months notice

Caution! Providing official notice does not mean simply telling your Landlord verbally that you want to leave. You must either send a letter through registered mail informing your landlord of your plan to move, or you may submit a Notice of non-renewal of the lease in person provided that you keep a copy which is signed and dated by the landlord.

Keep in mind that you may recieve a notice of rental increase from your landlord before the end of your lease. The landlord is allowed to propose a rental increase once a year, and if you plan to move out, you must respond to the letter of rental increase within one month of receiving it.

Occupants and boarders without a lease:

Occupants and boarders who are not on the lease are not bound to the guidelines set by the Régie du Logement in terms of giving official notice. Generally occupants and boarders give one month’s notice to the lease-holder or homeowner if they are planning to leave.

2. Subletting

Tenants who are leaving their apartments temporarily may choose to sublet their dwelling.

It is a common misconception that if a tenant wishes to leave before the end of the lease, that they may simply sublet the dwelling until the lease ends. However, as previously stated, leases in Quebec automatically renew year after year, therefore keep in mind that until you provide notice of non-renewal, or transfer your lease to a new tenant, you will still be ultamitely responsible for paying the rent.

For more information, please refer to Subletting your dwelling

3. Lease Transferring

Tenants who wish to move out before the end of the lease may choose to transfer their lease to a new tenant. This involves searching for suitable replacement who is able to pay the rent, and notifying your landlord, who must consent to the transfer. A successful lease transfer allieviates the original tenant from the responsibility of paying rent, as well as all other responsibilities of the lease.

For more information, please refer to Transferring your lease

4. Cancelling the Lease

Cancelling the lease before the end of the lease term is difficult to do, however in a few specific situations it may be done.

For more information, please refer to Cancelling your Lease.