CASE STRUCK OFF BEFORE AUGUST 31, 2020
Right to re-enter on the roll applications struck off but not expired and consequence of the failure to re-enter within the period prescribed.

An applicant whose application is not expired and whose case has been struck off the roll before August 31, 2020 because of the absence of all the parties at the hearing, is entitled to re-enter the case on the roll within 30 days following the publication last September 19 by the Tribunal administratif du logement of a notice to that effect in the Gazette officielle, Part 1.

Failure to re-enter on the roll within that period results in the expiry of the application and the record being closed by the Tribunal.

Therefore, every application struck off the roll before August 31 and not re-entered before October 19 will be automatically closed.

If the parties fail to take back the exhibits they produced in closed files, the exhibits may be destroyed, as provided for in section 82.2 of the Act respecting the Administrative Housing Tribunal

The Régie du logement is now called

the Tribunal administratif du logement.

Important changes to the Tribunal's rules of operation
are also in effect.

 

The Tribunal administratif du logement has made available new forms that incorporate the legislative amendments that entered into force on August 31, 2020. We ask you to no longer use the previous versions since the information appearing therein does not comply with the new legal obligations, in particular, with regard to notification of an application.

Please view the following video clips to learn about the new rules to be observed.

Act respecting the Administrative Housing Tribunal (Administrative version - in French)

QUESTIONS-ANSWERS

UPDATE

*** Please do not come to our offices if you experience symptoms associated with Covid-19 or if you see someone who has these symptoms. We thank you for your collaboration.

MANDATORY WEARING OF FACE COVERING

In accordance with the measures introduced by Order in Council 810-2020 dated July 15, 2020, the wearing of a mask or tightly fitting cloth that covers the nose and the mouth is mandatory to enter into and move around the premises of the Tribunal administratif du logement.

The face covering may be removed inside hearing rooms. Since the sanitary measures taken by the Tribunal administratif du logement allow it, an administrative judge may require the removal of the face covering during a hearing when the judge deems it necessary for the sound administration of justice.

In-person information services by appointment

The Tribunal administratif du logement has resumed in-person information services starting since June 15, 2020.

In order to respect social distancing rules and ensure the health and safety of all, those services are offered by appointment only.

Go to our online appointment service to make an appointment to meet with an information clerk to be informed of your rights and obligations under a lease for a dwelling.

Additionally, the Tribunal administratif du logement is maintaining its telephone information service and a range of online services.

Hearings

Please note that the Tribunal may impose the use of technological means when holding a hearing if the parties have those means and the technological environment supporting the Tribunal's activities permits it.

SUSPENSION OF THE EFFECTS OF CERTAIN DECISIONS

Repossession of a dwelling | Eviction

Ministerial Order 2020-005 dated 17 March 2020 has been revoked on July 20, 2020 (Ministerial Order 2020-052 of the Minister of Health and Social Services dated July 19, 2020).

The measure for suspending the effects of any decision by the Tribunal administratif du logement or any judgment by a tribunal rendered since March 1, 2020 and authorizing the repossession of a dwelling or ordering the eviction of the lessee of a dwelling has been therefore lifted accordingly.

Conciliation service

The conciliation service is maintaining its activities remotely to allow you to settle your case quickly. For more information, please contact us by email at conciliation@tal.gouv.qc.ca or see the Conciliation between Lessor and Lessee section of our website.

Visiting a dwelling

If a dwelling is to be visited, the lessor and the prospective lessee should ensure that the recommended health measures are respected. In particular, they should remain a minimum distance of two metres apart, and wash their hands before entering and on leaving the dwelling. Everyone should avoid touching objects or furniture in the dwelling. Where possible, a single prospective lessee should visit the dwelling and the duration of the visit should be limited. The lessor should also ensure that all door handles touched during the visit are disinfected.

Access to our offices

Access to Tribunal administratif du logement offices is currently restricted to parties summoned to a hearing or who have an appointment with our information service for citizens.

You are invited to consult the Online Services section to verify the processing status of your case, file an application, submit a document to the Tribunal or make an appointment with our information service for citizens. For assistance in preparing an application or to be informed of your rights and obligations under a lease for a dwelling, it is also possible to reach our telephone information service:

Montréal, Laval and Longueuil

514 873-BAIL (2245)

Other regions

1 800 683-BAIL (2245)

Your Application Online

After the filing of an application at the Tribunal administratif du logement, you have the possibility to follow-up the file on-line.

Follow-up of a file at the Tribunal administratif du logement (in French only)

Notices

Whether you are a lessor or a lessee, the Tribunal administratif du logement proposes some models of notices, which, depending on the situation, must be sent to the other party in order to comply with the obligations provided for by laws and regulations.

Certain forms are also suggested where you need to contact the Tribunal.

Consult this section to find all the models available.

You wish to complete a notice?

See all available notices

Frequent questions

  • My joint tenant left the premises. May I remain in the dwelling by paying only my share of the rent?

    Lease

    The landlord has the right to receive the total amount of the rent. If he receives only a part of it, he can ask for the cancellation of the lease.

    For more information, see the section:

    Joint Tenancy

  • I cannot be present at the hearing so what must I do?

    Hearing

    I must obtain a postponement of the hearing to a later date and for that I must obtain the written consent of the other party and file it at the Régie.

    If I cannot obtain that consent, I can send a mandatary who will ask for the postponement or I can write to the Régie du logement and ask for the postponement of the case. The reasons for the asked postponement must be indicated. It would be well advised to remit a copy of that letter to the other party.

    Except in the case where I have the consent of the other party, the commissioner must decide if he accepts or rejects the asked postponement.

    For more information, see the section:

    Preparing for a Hearing

  • Because of the pandemic, my dwelling is not ready. I have been refused access to my dwelling. What can I do?

    Lease

    Notwithstanding the applicable law, in these circumstances, we urge the parties to try to come to an agreement on the delivery date of the dwelling.

    A lessee who cannot take possession of their dwelling on the agreed date may be able to claim damages and material and moral interests from the lessor (e.g., storage of belongings, additional moving costs, lodging, trouble and inconvenience, repayment of rent paid, etc.). The lessee will also be eligible for a refund of rent paid, under article 1699, C.C.Q. The lease may also be broken if a lessee who cannot access their dwelling in order to occupy it suffers serious harm, under article 1863, C.C.Q.

    According to article 1854, C.C.Q., the lessor is obliged to deliver the dwelling to the lessee in good condition on the agreed date. This is an obligation of result, and the lessor can only be released from it in the event of force majeure. For example, the ice storm in 1998 was deemed to be force majeure. If the pandemic caused by COVID-19 is deemed to be force majeure by the court and depending on the evidence it examines, the lessor may be released from the obligation to deliver the dwelling on the agreed date.

  • What is the rate increase determined by the Régie du logement this year?

    Increase

    There is no fixed rate increase applied by the Régie du logement. Each case is treated specifically. The Régie takes into account, in calculating the rent variation, the income of the building and the municipal and school taxes, the insurance bills, the energy costs, maintenance and service costs. Also, it sees to apply a return on capital expenditures, if there were such expenditures, and indexes the net income of the building.

    In order to calculate precisely the rent variation for a dwelling, see the section:

    Calculation for the Fixing of Rent

  • If a tenant refuses the rent increase asked by the landlord, can he force the tenant to move?

    Increase

    No. If the tenant refuses the rent increase, the landlord will have to go at the Régie du logement to file an Application to modify the lease. It is a different case if the building was built or transformed for a period of less than five years.

    For more information, see the section:

    Renewal of the Lease and Fixing of Rent

  • What about the new lessee, who will not be able to take possession of the dwelling?

    Lease

    In these circumstances, the lessee can probably ask to break the lease or claim damages (e.g., storage of belongings, additional moving costs, lodging, trouble and inconvenience, etc.) from the lessor who was unable to deliver the dwelling on the expected date*.

    * Art. 1854, C.C.Q.

September 17 2020

2019-2020 annual management report

Part of category Appartment

September 17, 2020 – The 2019-2020 annual management report of the Régie du logement was tabled in the National Assembly on Septem

See full article 2019-2020 annual management report
June 29 2020

The Régie du logement is just a phone call away

Part of category Appartment

On July 1, the Régie du logement will respond to inquiries from lessees and lessors.

See full article The Régie du logement is just a phone call away
June 03 2020

Report of the Auditor General of Québec 2020-2021

Part of category Appartment

Montréal, June 3, 2020 – The Régie du logement believes it appropriate to supplement the information presented in the report table

See full article Report of the Auditor General of Québec 2020-2021