Housing law concerns all the provisions surrounding the relationship between the owner of a property and the tenant. This relationship is structured around a lease contract that determines the obligations of each party. The legislation also provides different legal provisions to ensure a respectful relationship between the landlord and the tenant.
The lease contract is therefore a central point of the law of housing, hence the importance of being assisted by a competent lawyer, to avoid any ambiguity in the terms of the contract.
Owner landlord or tenant, you may well need a housing lawyer in your rental agreement for the following reasons:
The decisions of the Tribunal Administratif du Logement may be appealed on leave from a judge of the Court of Québec where the matter in dispute should be referred to the Court of Québec.
The appeal of a decision of the Tribunal Administratif du Logement will generally be authorized by a judge of the Court of Québec when the question submitted by the applicant is serious, new, of general interest or controversial.
A question may be considered serious when it: - Implies the application of the Charter - addresses the question of competence or jurisdiction of the Tribunal Administratif du Logement- Determines the scope of the rights and obligations of the tenant - Determines the extent of the rights and obligations of the landlord - Affects the right to maintenance in the premises of the tenant.
A question may be considered new for the purposes of the appeal, where it raises an original, unexpected or innovative character
A question of general interest refers to a group of interest as opposed to a particular interest. This suggests that the issue will affect the rights and obligations of a group or class of persons. For example, an interesting question is the rights and obligations of landlords or tenants.
A controversial issue refers to a jurisprudential or doctrinal contradiction.
The rent increase always comes with the notice of renewal of the lease. In principle, the owner has the right to negotiate a rent increase with the tenant. Under penalty of nullity, the notice requiring a modification of the rent must always be indicated to the tenant:
- The new rent, or the increase requested in dollars or as a percentage - The proposed duration of the lease, if there is a change in the lease - Any other modification requested and the tenant having a time limit of One month to notify his / her notice of refusal of the requested change, if applicable.
When the tenant disputes the change in the rent, the landlord must file an application to fix the rent to the Tribunal Administratif du Logement within one month of receipt of the refusal. The Tribunal Administratif du Logement shall fix the rent according to the standards and criteria set out in the Regulation respecting the criteria for fixing the rent.
In the case of an application for the fixing of a rent, the tenant may invoke the owner's failure to fulfill his contractual or legal obligations and ask the Tribunal Administratif du Logement to reduce his rent. The percentages applicable to the fixing of rent for a given year are adopted annually by the Government and published in the Gazette officielle du Québec as an appendix to the Regulation respecting the criteria for fixing the rent.
1) Limited contractual freedom
In the contract of tenure, the parties have very little contractual freedom, as the majority of the rules governing housing law are intended to protect the tenant and are therefore of public order.
2) The written contract of hire
Ideally, the lease contract or lease must be in writing. The Tribunal Administratif du Logement makes available to landlords a mandatory form that serves as a written lease between the landlord and the tenant. However, the owner who enters into a verbal lease must give the tenant, within 10 days of his / her conclusion, the entitled Mandatory Writing form. These forms are for sale in the offices of the Tribunal Administratif du Logement.
Harassment is defined in doctrine and jurisprudence as conduct that manifests itself in repetitive words or acts and which results in a continuing restriction of a tenant's right to peaceful enjoyment of the premises or to obtain That it leaves the housing.Owners or landlords and their representatives (janitors, managers) must be particularly careful in their dealings with tenants so that they do not feel harassed. The jurisprudence on this subject is very abundant and each situation is unique.
1. Payment of rent on the agreed date (see non-payment of rent)
2. Use of accommodation with care and diligence
3. Do not change the shape or destination of the dwelling
4. Keep the dwelling clean
5. Allow urgent and necessary repairs
6. Respect the landlord's right of access (see landlord's rights)
7. Do not interfere with the peaceful enjoyment of the premises of other tenants or the landlord
8. Notify the landlord of a defect or substantial deterioration
9. Return the dwelling to the condition in which it was found
1. Request a reduction in rent
2. Request the termination of the lease (see termination of the lease)
3. Maintenance in the premises
4. Peaceful enjoyment of leased premises
1. Provide housing in good repair, habitation and cleanliness
2. Maintain the dwelling in good condition
3. Make any necessary repairs except those to be borne by the tenant
4. Do not change the shape or destination of the dwelling
1. Request the cancellation of the lease (see cancellation of the lease) in case of non-payment of rent or in case of non-compliance with the obligations of the lease (see non-payment of rent)
2. Modify a condition of the lease (see housing lease)
3. Request a relocation allowance in case of unilateral termination and without right of the tenant (see rights and obligations of the tenant)
4. Access and visit the dwelling
5. Increase the rent (see rent increase)
A tenant who believes that the dwelling occupied by or in which he is about to move represents a danger to his health or a threat to his safety, may:
- Refuse to move into a dwelling whose condition represents a serious threat to his or her health or safety.
- Abandon housing that constitutes a serious threat to the health or safety of the occupants. It is then required to notify the owner of the condition of the dwelling prior to abandonment or in the days that follow.
As a result, an owner can not lease or provide housing that is unfit for habitation, the landlord also has an obligation during the lease to ensure that the dwelling that he hires is safe and clean to dwelling
We can help you better prepare your file as part of an application for termination of your lease and / or damages for unsanitary and unfit accommodation.
A tenant who does not respect its obligation to pay the rent may be in an unfortunate situation.
In fact, the landlord can obtain the termination of the lease if the tenant is over three weeks late for the payment of the rent. He may also request the termination of the lease when he is prejudiced by the fact that the tenant frequently delays the payment of the rent.
Following a request to terminate the lease for non-payment of rent, the court may terminate the lease and order the eviction of the tenant despite appeal.
Have you received a notice of hearing from the Tribunal Administratif du Logement?
1. The Tribunal Administratif du Logement is an administrative tribunal responsible for resolving disputes between tenants and landlords.
2. The procedure before the Tribunal Administratif du Logement is simple and respects the rules of natural justice. The parties may assert their rights or be represented by counsel.
3. The Tribunal Administratif du Logement has jurisdiction over any application for a housing lease where the amount claimed, the value of the thing claimed or the interest of the applicant is less than $ 70000. It also has jurisdiction over any application, regardless of the amount, relating to the renewal of a lease, the fixing of the rent, the resumption of housing, the eviction of the dwelling or the lease of a low-rent dwelling ...
4. Some decisions of the Tribunal Administratif du Logement may be appealed on leave to appeal to the Court of Québec, others may be withdrawn or rectified as appropriate. On the other hand, these remedies are subject to rigorous delays, hence the importance of acting quickly to preserve your rights.
Have you received a notice of hearing from the Tribunal Administratif du Logement?
An owner who wishes to carry out an improvement or major non-emergency repair in a dwelling must notify the tenant within the time prescribed by law.
If the landlord and tenant do not agree on the conditions under which improvements or repairs may be made, they may apply to the court to impose any terms and conditions that the court considers fair and reasonable.
Where the court is seized of an application as to the conditions under which the work is to be carried out, it shall be the duty of the owner to prove the reasonableness of the work and the conditions.
Both the owner and the tenant can request the termination of the current lease. However, the reasons for the termination differ depending on whether you are a property owner or a tenant.
Let us first note that the lease can like any contract terminate with the consent of both parties.
In most cases, the landlord asks for the termination of the lease for non-payment of the rent or because of prejudice due to delays in payment of the rent.
The tenant may ask for the termination of the lease in progress in the following cases:
- It is allocated low-cost housing
- He can no longer occupy his dwelling due to a disability
- He or she is an elderly person and is permanently admitted to a residential and long-term care center or a shelter.
The tenant can at any time request the intervention of the court if the owner does not respect its obligations in the lease and that there exist cases of termination of right of the lease when the housing is declared unfit for habitation.
A party to the litigation before the Tribunal Administratif du Logement may request a revocation of the decision if it believes that the findings of the tribunal could have been different if:
- She had been present at the hearing
- If, although present at the hearing, the party was prevented from providing evidence by surprise, fraud or for any other reason that the court may find sufficient
- If the court has failed to rule on a part of the application, or has ruled beyond what is claimed in the application.
The request for withdrawal must be made within 10 days of the date on which the requesting party becomes aware of the decision or, as the case may be, within 10 days of the time when the request for withdrawal has ceased to be effective.
If the party was the defendant in the application that gave rise to the impugned decision, his request for withdrawal must contain the summary reasons and defense pleadings that he claimed at the first hearing.
A lawyer practicing in housing law, we represent you before the Tribunal Administratif du Logement in Montreal, Laval, Longueuil, Valleyfield, Joliette, St-Jérôme and others.
We also represent you on appeal from decisions of the Tribunal Administratif du Logement before the Court of Québec
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