The lessor 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 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 Tribunal.

If I cannot obtain that consent, I can send a mandatary who will ask for the postponement or I can write to the Tribunal administratif 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 administrative judge must decide if he accepts or rejects the asked postponement.

For more information, see the section:

Preparing for a hearing

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.

There is no fixed rate increase applied by the Tribunal administratif du logement. Each case is treated specifically. The Tribunal 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

No. If the lessee refuses the rent increase, the lessor will have to go at the Tribunal administratif 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

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.