March tip of the month: 4 points for lease renewal
See our March tips for lease renewal and rent increases in 4 points in our last article.
In Quebec, lease renewals and rent increases are regulated by law. In other words, a landlord can’t just raise the rent or change the terms of a lease as he pleases. Here, in 4 points, are your rights and obligations...
1- Written notice
In Quebec, for a lease of 12 months or more, the landlord who intends to modify the agreement must send a written notice to his or her tenant 3 to 6 months before the end of the lease. For example, if a lease ends on June 30, the notice must be sent between January 1 and March 31.
2- Response times
The tenant has one month to respond to this notice. In response, the person can either accept the proposed modifications, refuse them without leaving the dwelling, or advise the landlord that he or she will leave the dwelling at the end of the lease. If the tenant does not respond within the specified period, the lease is automatically renewed on the new terms.
3- Acceptance or rejection of conditions
If rent increases are an issue, the best solution is for both parties to discuss the matter. But if that doesn’t change anything, and the tenant sends the landlord written notice of refusal, the landlord may, within one month of receiving the refusal, apply to the Rental Administration Tribunal to have the rent fixed or to negotiate an increase that both parties consider satisfactory. If the landlord does not apply to the Tribunal, the lease is renewed at the same rent and under the same conditions.
4- Notice of non-renewal
A tenant who wishes to vacate the dwelling at the end of the lease, but who has not received any notice from the landlord to change the terms of the lease, must give the landlord a notice of non-renewal. This must be done within the same timeframe as the landlord had to send a notice of change. Failing this, the lease is automatically renewed on the same terms.