Info offices Some information will reload on the choosing of a city Baie-Comeau Drummondville Gaspé Gatineau Granby Joliette Laval Longueuil Matane Montréal (centre-ville) Montréal - Beaubien Montréal - Village olympique Québec Rimouski Rivière-du-Loup Roberval Rouyn-Noranda Saguenay Saint-Hyacinthe Saint-Jean-sur-Richelieu Saint-Jérôme Saint-Joseph-de-Beauce Sept-Îles Shawinigan Sherbrooke Thetford Mines Trois-Rivières Val-d'Or Valleyfield Office opening hours :Monday to Friday between 8:30 am and 12 pm and between 1 pm and 4:30 pm, except Wednesday where the office opens at 10 am Our in-person information services are available by appointment only. Make an appointment Access our online services Important noticeCOVID-19: Restricted access to Tribunal administratif du logement offices Please note that, from December 17, 2020 to February 8, 2021, our information services will be available online and by telephone only. Make an appointment Please do not come to our offices unless you have an appointment with our in-person information service or have been summoned to appear before the Tribunal, in which case, you must identify yourself to that end. Note that the Tribunal administratif du logement continues to offer telephone information services, as well as a complete range of online services. Find the nearest office!
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 five years ago or less. 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.