Tenant Rights in Quebec

The second half Winter semester brings increased general anxiety to McGill students as many search for housing for the next year. As the study body endures this competitive quest for affordable shelter, time should be taken to review our rights as renters in Quebec, and understand the obligations owed to us by our lessors. 

First, and perhaps most importantly, are the protections from discimrination provided in the Canadian Charter of Rights and Freedoms. The Charter lists fourteen protected categories of identification: race, color, sex, gender identity or expression, pregnancy, sexual orientation, civil status, age, religion, politica lconvictions, language, ethnic or national origins, social condition, and disability. The Commissions des droits de la personne et des droits de la jeunesse (CDPDJ) exsits to protect Quebcts from discrimination on these grounds, including in the search for housing. They offer remediation between lessors and lesses, and are the sole Quebec institution responsible for intervention in cases housing discrimination during the rental process. Community groups such as the Regroupement des comités logement et associations locataires du Quebec (RCLALQ) argue that the CDPDJ does not command sufficient power to protect Quebecers. They ask that the Administrative Housing Tribunal (TAL), the institution currently mandated to, “provide the public with adequate information and effective recourse when a party fails to meet its obligations”, be granted full authority over the entire rental process. Despite the relatively strong anti-discrimination protections, housing discrimination occurs regularly in Quebec, according to the RCLALQ and a CBC report highlighting large families and certain minority groups who frequently experience discrimination in the search for housing. 

While protection from discrimination is perhaps the most publicized housing right, the TAL lists many more. Access to the dwelling by the lessor is only permitted after the lessee has given notice that they are moving out, and the lessor still must act “in a reasonable fashion and respect the lessee’s privacy and free enjoyment of their property.” 

A lessor in Quebec may evict tenants to “divide a welling, enlarge it substantially or change its destination”, but only with sufficient notice to lessee – six months before the termination of a lease, if the lease is longer than six months. But the lessor faces restrictions on their right to evict: “if any tenant is 70 years of age or over, has occupied the dwelling for at least 10 years, and has income equal to or less than the maximum threshold to qualify for a dwelling in low-rental housing.” If the lessee fails to object to the lessor’s actions, it is assumed that they accept the terms of eviction.

 Both lessors and lessees are guaranteed the “peaceable enjoyment of the premises” – no excessive noise on the property. Lessors are allowed, after several warnings, to request that the TAL either terminate the lease to officially order the lessees to quiet down. Lessees must first send a formal notice to their lessor, then are allowed to request a rent reduction or that their lease be terminated. 

Lessors are required to keep buildings at an approximate minimum of 21℃ when the weather is below freezing (including if the heating system breaks) and lessees should take care not to overheat their apartments. The production of either temperature extreme can be taken to the TAL. 

 Major work, meaning  “substantial improvements or repairs to a dwelling”, are allowed, so long as the lessor follows strict obligations. This means at least 10 days’ notice (or more, if the dwelling needs to be vacated), an inability to raise the rent or change any other conditions of the lease, that the dwelling is returned in good condition, and that the form and destination of the dwelling remain the same. Should the lessee feel as if these conditions are not met, they have the right to inquire into recourse with the TAL. 

Should the property change owners, the new lessors are obligated to inform each lessee with a written notice, and honor the lease conditions of the previous owner.

 Joint tenants (colloquially known as roommates) are held to the same standard as singular tenants: they must sign the lease and honor all of it’s conditions, including “paying rent”, “using the dwelling as reasonable people would”, and “behaving in such a way as not to disturb the normal enjoyment of the lessor or the other lessees in the building.” Joint tenants can seek recourse against another joint tenant should they violate these conditions. 

Rent, obviously, must be paid in full, on time, and in the manner stipulated on the lease – proof of payment should be kept, as lessors have the right to recourse for nonpayment of rent. But the lessor is restricted from requiring more than one month’s rent, payment in advance for more than one month’s rent, additional amounts and fees, or postdated checks. Any such requirement is invalid, and the lessee does not need to honor it. 

Lessors can prohibit pets in the building, provided the animals do not aid the lessee with a medical disability. All other regulations around animals in the building must be stipulated in the lease. 

The general rule in Quebec is the “right to maintain occupancy”, meaning that lessees can stay for the term of their lease as long as they honor the conditions of the lease. However, an exception is repossession of a dwelling. The lessor may repossess the dwelling for themselves, immediate family or relatives, and former spouses – so long as the lessees are below 70 years of age, have occupied the buildings for less than 10 years, and have an income above the threshold to qualify for low-rental housing. The lessor must give notice by a mandatory deadline with the date of repossession (usually, the end of the lease), the name of the new tenant, the relationship between the tenant and the lessor, and the restrictions listed above. Lessees must respond to the notice, and may refuse to vacate the dwelling – no response is assumed refusal. In this case, the lessor and lessee must got to the TAL, where the lessor must apply for repossession and prove that they have truthfully met all of their obligations. The TAL may impose “any conditions it considers just and reasonable” on the repossession or refuse the lessor’s application for repossession. 

Lessors must file a RL-31 tax slip and provide one to their lessees. 

Any lessee who finds a building unfit for habitation at the beginning of the lease may refuse to take possession. Any lessee who feels that the dwelling, after possession, is unsanitary may apply, with evidence, to terminate the lease or order the lessor “carry out work” to make the property habitable. Should the lessor be so ordered and refused to work, they will be found in contempt of the tribunal – a minimum fine of $10,000.  Should the dwelling become “unfit for habitation”, the lessee may abandon the building, and must notify the lessor within the next 10 days. Only if the lessor is notified, the lessee is freed from rent. Without notification, the lessee is responsible for both rent and damages stemming from the failure to notify.  

Urgent and necessary repairs are defined as “a serious defect or breakage that affects the preservation of the use of the dwelling or building.” Should these occur, the lessee must contact the lessor. But should the lessor fail to respond, the lessee retains the legal right to perform essential repairs at minimum cost, and the lessor must reimburse the lessee for any “reasonable expenses”. Should the lessor refuse this reimbursement, the lessee retains the right to withhold future rent. 

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