The lease is a contract between a landlord and a tenant that defines their respective obligations concerning a dwelling.
The lease form of the Régie du logement is mandatory since September 1st, 1996.
Section A: Landlord and tenant
This is where the name and address of the landlord and tenant at the moment of the signature are registered.
Note that the landlord is not necessarily the owner. Although in general this is the case, the distinction is important in terms of dwelling repossessing.
Section B: Description and destination of the rented apartment
In this section, it is necessary to specify the description and destination of the rented apartment. So, the address of your new dwelling. The accessories that are included in the rental also have to be written in this section.
Section C: Lease duration
This part is very important because the lease duration will affect later by what means and when you or your landlord can terminate the lease. Be sure that the specified period is right.
Section D: Rent
It is here the rent and payment method are indicated. Note that there can only be one rent increase per year and no more.
Moreover, the only amount the landlord may ask before you take possession of the unit is the first month’s rent. No other fee or deposit may be requested.
Note also that the landlord cannot require the submission of postdated checks. Unless an agreement was done, it’s best to pay each month separately to the first of the month.
Furthermore, unless otherwise agreed, it is the landlord who has to come pick up the rent at your dwelling.
Finally, never forget that it is your right to request a payment receipt and it is crucial that you do in order to prove your payments.
Section E: Services and conditions
Section E is used to record all negotiations between the landlord and the tenant: paint, repairs to the deadline of execution before the delivery of the dwelling or under lease. We also indicate if the heating, hot water, rental of water heaters, electricity and water rates are the responsibility of the landlord or the tenant.
Furthermore, if there are building regulations, it is in this section that we confirm that they have been given to the tenant before the lease was signed. If the tenant has not received a copy, the regulations do not apply.
It is important to note that without evidence (descriptions, photos, etc.), housing is presumed to be in good habitable condition when you take possession of it.
Section F: Restrictions on the right to set the rent and modification of the lease by the Régie du logement
Section F does not apply to all dwellings. It must only be completed when the property is located in a building:
- Rented by a housing cooperative;
- Built for 5 years or less;
- Is not used for residential purposes results from a change of use from 5 years ago or less.
Beware of such housing because the landlord may increase the rent as it sees fit for the 5 years without the tenant having anything to say.
Section G: Notice to New Tenant
This is where the law requires the landlord to indicate what the old rent for the dwelling was. This lets you see how the increase was when the tenants changed. There are of course actions possible when you feel that the difference between the rents is unreasonable.
- If the amount in Section G is lower than the rent currently paid, the tenant has 10 days from signing the lease to request a review of the rent to the Rental Board;
- If the landlord did not enter that amount and that the tenant discovers itself as the amount paid by the former tenant is lower than that paid, the tenant is two months after the beginning of the lease requesting a review of the rent to the Rental Board;
- If the landlord has made a false statement, the tenant has up to two months after the knowledge of fraud to demand a revision of the rent.
As you can see, the knowledge of the previous rent is vital to defending the rights of the lessee. There are various ways to get this crucial information.
- Contact the previous tenant;
- When you move, leave a copy of your old lease in your apartment so the new tenant can refer to it;
- Participate to the Lease Registry that CACV sets up! More leases we get, the more Verdun tenants will be protected.
Section H: Signatures
It is important to read the lease before you sign it.
It is important that the tenant and the landlord sign the two copies of the lease. The tenant should receive one of the two copies of lease at the time of signature. Otherwise, the landlord is required to give it to him within 10 days.
Section I: Notice of family residence
For married couples or civil union, this section prevents the end of the occupancy from the decision of only one spouse. It takes the written consent of the other spouse.