You must defend your rights against increases… being informed and educated is your best tool!
Every year, tenants are confronted with notices of rent increases. Before accepting, refusing or entering into an agreement with your landlord, it is good to remember the following points:
The Notice
1. You must receive written notice of the modification of the lease within the time required by law. For a lease of 12 months or more, your landlord can send you a notice between 3 to 6 months before the end of your lease. For example, if your lease begins on July 1 and ends on June 30, the notice must be sent between January 1 and March 31.
On the other hand, if you have a lease of less than 12 months, your landlord can send you the notice between 1 and 2 months before the end of your lease. For example, if your lease begins on December 1 and ends on June 30, the notice must be sent between May 1 and May 31.
These deadlines are respectively reduced to 10 and 20 days when it comes to the leasing of a room in the context of a boarding house;
2. The notice of modification of the lease must specify the amount of the new rent, the duration of your lease, the new conditions as well as the period of one month you have to refuse the proposed modifications.
The Deadline
Regardless of the length of your lease, you have one month from receipt of the notice to respond.
The Response to the Rent Increase Notice
1. If you wish to refuse the rent increase but want to continue living in your dwelling, you must inform your landlord that you are renewing your lease but that you refuse the increase, as well as the new conditions, if applicable;
2. If you accept (or do not respond) to the notice of changes to the lease: your lease will renew under the new conditions;
3. If you wish to not renew your lease and leave the dwelling at the end date of your lease, you must notify you landlord in writing of your intention to leave the premises: your lease will end and you must leave on the expiry date;
We strongly suggest that you send your written response by registered mail as it is important to have proof of reception. Keep the receipt from the post office, as well as the proof of reception (signature) and a copy of your reply.
The Next Steps
1. You refuse the modifications and renew your lease: your landlord has one month to file a request to fix the rent with the Administrative Housing Tribunal. If he/she fails to do so, your lease will be renewed with the same rent and conditions for another term.
2. If the landlord goes to the Tribunal, he/she must send you a copy of his request. The Administrative Housing Tribunal will then send you a notice of a hearing with a date.
3. Your landlord may wish to make a deal with you. In this case, you can always refuse it if it does not suit you. If you agree, do so in writing and keep a copy.
4. Do not forget that your right to maintain occupancy and this is in no way altered in the event of your refusal of the rent increase. You have the right to continue to live in your home!
How much is your landlord entitled to?
It is good to remember that there is no fixed rate in Quebec; only a calculation formula set by the Administrative Housing Tribunal can be used to determine the increase to which your landlord is entitled. However, to help you estimate the increase, you can use applicable percentages issued by the Tribunal every year to help you determine a justified rent increase.
In addition to the Tribunal’s applicable percentages, you must also consider the difference between the last two yearly municipal and school tax bills, as well as major repairs or improvements made to your dwelling or the building. Only a certain percentage of these costs can be used to justify an increase. In the case of work on the building (work that is not specifically in your dwelling), you must also divide by the number of units.
To find out the amount of taxes in Montreal, simply call these numbers or visit the following websites, specifying that you wish to obtain the amount of the last 2 years.
- School taxes: 514-384-5034, ext. 0 https://tfp.cgtsim.qc.ca/asp/tfp.aspx
- Municipal taxes: 311 Accès-Montréal http://servicesenligne.ville.montreal.qc.ca/sel/ictl/recherche.do
- Administrative Housing Tribunal https://www.tal.gouv.qc.ca/
The amounts of tax increase or decrease are divided by the number of dwellings and by 12 months. For example, a $100 increase in taxes for a two-unit building would be divided by 2 and then divided by 12 months, for an increase of $4.17.
For help with the calculations, contact us.
Ways to keep rents affordable when tenants change
Rents in Verdun are becoming more and more outrageous. They increase dramatically when tenants change. There are a few ways to avoid excessive increases.
Question: When people move out, can the landlord increase the rent as he/she wants?
Answer: No! And we can prevent that!
If we manage to have proof of the rent paid by the previous tenants, we can ask the Administrative Housing Tribunal to fix the rent. However, there are deadlines to be observed.
When you leave your dwelling, you can:
1. Transfer (assign) your lease.
2. Send proof of rent paid to the new tenant. For example, the last rent increase notice. If you can't deliver it by hand, consider sending it by post.
At any time, you can take two minutes to submit your information to the Rental Registry Website https://registredesloyers.quebec/en and/or check the site to see if anyone has submitted the previous amount of rent for your home. You can also check the decisions of the Tribunal by going to the site judgments.qc.ca.