Residential lease is the contract by which a person, the landlord, commits to another person, the tenant, to obtain, for rent, the enjoyment of immovable property, for a certain time.

Can be likened to a residential lease, the lease of a room, that of a mobile home placed on a chassis, with or without a permanent foundation, or of land intended to receive a house.

- Residential lease may be verbal

A verbal lease is considered valid if the tenant occupies the dwelling and pays a fixed rent for the said occupation.

- A minor may conclude a lease without assistance

For its usual needs, a minor can enter into a lease, if he understands the scope of his commitments and if these are reasonable.

- The lease bond

Bonding is a security generally granted by a third party to secure the performance of the obligations of a tenant who is deemed by the landlord to be insufficient or insolvent. For example, a parent who commits in favor of his or her child, but does not live in the dwelling. It is important to note that in the case of residential leases, the bond is limited to the term of the lease and does not extend to the renewed lease. In practice, the parties generally provide for a stipulation in the lease, to allow the survival of the bond with the renewal of the lease.

- The lease includes a promise to purchase or a purchase option agreement

There are situations where the tenant agrees to occupy the building for a period before acquiring it. In these situations, the parties generally sign a contract called a purchase option or a promise to purchase, including a part providing for the terms of the lease of the dwelling for the period of occupation. The rules for residential leases apply to leases included in this type of contract. However, in the event of a dispute, it is essential to distinguish between the principal and the accessory, namely whether the parties' main intention was to rent or rather to sell? And on what element of the contract is the dispute? Depending on the response, the Tribunal Administratif du Logement will be competent or not.

- Lease by tolerance

The existence of a residential lease can be presumed, when a person occupies the premises with the tolerance of the owner. This type of lease will be considered to be of indefinite duration and will generally take effect as of the occupation.

- The sale and sublease of the residential lease

The tenant has the right to cede or sublet his dwelling, and the provision that provides for the lessee's right to cede or sublet his dwelling is a public order. This means that the landlord can not include in the lease any restrictions on those rights. However, a tenant who wishes to avail himself of one of his rights must comply with certain strict formalities, such as sends a notice to the landlord, indicating his intention to avail himself of one of these rights, the name, and the address of the person to whom he intends to assign or sublet, in order to obtain the consent of the landlord.

- The end of the residential lease

In the case of a residential lease, the tenant has the right to maintain the premises. This fundamental right makes it almost impossible to terminate the lease on a unilateral basis. However, the parties can still agree and proceed to a termination of consent, the tenant may also decide not to renew his lease after the term.

Termination may also be made in a court of law if either party fails to comply with its contractual or legal obligations.

Finally, the lease may be terminated ipso jure, when the tenant evacuates with all his personal belongings. In these cases, the court will find that termination is a matter of full force.

- The exclusive jurisdiction of the Tribunal Administratif du Logement with respect to residential leases

Section 28 of the Act respecting the Tribunal Administratif du Logement grants exclusive jurisdiction to the Tribunal Administratif du Logement for any breach of obligations under a housing lease.

Under section 1984 of the Civil Code of Québec, a low-rental dwelling is a dwelling in a low-rental residential complex owned or administered by the Québec housing corporation or a legal person whose costs Are subsidized in whole or in part by the Corporation, or the dwelling is in another immovable but the rent of which is determined in accordance with the by-laws of the corporation.

There is also a low-rent housing for which the Société d'habitation du Québec agrees to pay an amount for the purchase of the rent, but in this case the provisions relating to the rental register and the eligibility list do not apply where the lessee is selected by an association having the legal personality established for that purpose under the Act respecting the Québec residential corporation.

Eligibility criteria for low-cost housing are generally provided for in the low-rent housing allocation regulations. The bodies responsible for applying these regulations allocate the dwellings according to certain well-established criteria, such as age, income, marital status, etc...

In some cases, where the organization refuses to list a person on the low-rental housing eligibility list, the person concerned may apply to the Tribunal Administratif du Logement within one month of the refusal to have the decision reviewed. This also applies to a person who has been deregistered or registered in a dwelling type other than the one to which the person is entitled.

The rules specific to low-cost housing differ from the general rules of the housing lease in many respects. In particular, with respect to the rules governing changes to the terms of the lease, as well as the right to maintain the premises.

There are situations where an employer at the same time landlord offers a housing lease ancillary to a contract of employment to his employee. This is generally the case for janitors or building management staff.

Article 1976 of the Civil Code of Québec provides that, unless otherwise stipulated in the contract of employment, the employer may terminate the lease ancillary to the (main) employment contract when the employee ceases to be employed by him giving one month's notice. This also applies to an employee who, unless otherwise stipulated in the contract of employment, may terminate the lease on a month's notice when his employment ends.

The main difficulty with this provision is to determine which court will have jurisdiction in the event of a dispute over the nature of the lease. Article 1976 of the Civil Code of Quebec applies where the contract of employment is the principal contractual relationship between the parties and the lease is just an accessory and in such cases the Court of Québec has jurisdiction and not the Tribunal Administratif du Logement.

The principle of tacit renewal or automatic renewal or renewal as of right, applies in housing law. Therefore, a landlord who wishes to amend a condition of the lease, including the rent, must first notify the tenant of its intention within the time provided by law.

Tenants who have received a notice of change within the statutory time limits have the following three choices:

- Accept the modification and remain in the dwelling;

- Refuse the modification and leave the dwelling at the end of the lease;

- Refuse modification and continue occupancy.

If the tenant chooses the third option, the landlord may apply to the Tribunal Administratif du Logement for a ruling on the amendment. Generally, changes to the rent increase are subject to the Rent Criteria Regulation. While other modifications, such as the withdrawal of a right (parking, animals) or a service included in the lease (hydro Québec ...), are subject to the Tribunal Administratif du Logement's assessment, which, before authorizing or to refuse the change requested, must ensure that it does not result in the tenant leaving the house, to the detriment of his right to maintain the premises. When such an amendment is granted, the Tribunal Administratif du Logement reduces the rent to compensate for the loss of the right or service.

• The tenant must in principle respect the obligations of the lease until the end of the contract. Early termination of the contract is nevertheless permitted in certain specific cases:

  - When a low-rent dwelling is allocated to the tenant;

  - If, due to a decision of the court, he is relocated to an equivalent dwelling that suits his needs;

  - He can no longer occupy his dwelling because of a disability;

  - Due to the violence of a spouse or former spouse;

  - At an sexual assault, even by a third party;

  - When the safety of the tenant or of a child living with him is threatened;

  - An elderly person permanently admitted:

  - In a residential and long-term care center;

  - In an intermediate resource;

  - In a private residence for the elderly, where the nursing care or personal assistance services required for their health are offered;

  - In any other place of residence, of whatever name, where the nursing care or the personal assistance services required by his state of health are offered to him

  Termination takes effect two months after the notice is sent to the landlord or one month after the notice is sent, where the lease is for an indefinite term or less than 12 months.

The principle of the personal right to maintain the premises is the cornerstone of Québec's law on residential leasing. This simply implies that, the tenant has the right to unilaterally end the lease to its term, but not the landlord.

In addition, unless the property is less than 5 years old or a co-operative housing, the tenant is not required to relocate if he / she refuses the terms of a new lease. The landlord must contact the Tribunal Administratif du Logement in case of disagreement.

The right to maintenance in the premises is guaranteed to each tenant, individually. The departure of a tenant at the end of the lease does not prevent his roommate from continuing in his own name the occupation of the rented space.

Certain attenuations to this principle are nevertheless granted to the landlord:

- The sub-tenant does not have the right to maintain the premises;

- The landlord can take back the dwelling to live there or lodge a member of his family;

- The landlord may evict the tenant, in order to enlarge, subdivide or change the use of the dwelling;

- The lease accessory to an employment contract can be terminated without judicial intervention, on the advice of one month;

- Agreement to terminate amicably between the parties;

- Occupying without right;

- The termination of the lease by judicial decision, in accordance with article 1863 CCQ.

Payment of the rent is usually made in cash, but the parties may also provide for payment by means of services rendered or goods provided, provided that the benefit is equivalent to the value of the accommodation provided.

In Quebec, a landlord can not require that each payment exceed one month's rent, nor can he require a security deposit in advance.

When there is more than one tenant in the dwelling, the obligation to pay the rent is jointly shared by the roommates, unless a solidarity clause between the roommates is expressly stipulated in the lease. That is, as a general rule, each tenant is responsible for his or her share of the rent, but if there is a solidarity clause in the lease, the landlord can claim the entire rent to only one of the two roommates.

The law imposes drastic consequences in the event of non-compliance with obligations relating to the non-payment of rent. Especially:

- Delay of more than 3 weeks

- Frequent delays in paying the rent, causing serious harm to the landlord

In the first case, the simple delay of more than 3 weeks in the payment of one month's rent can lead to the termination of the lease and the expulsion of all the occupants of the dwelling.

In the second case, the landlord must first prove that the rent is frequently paid in delay, and then must convince the court that it is seriously prejudiced by the frequent delays. Since the mere allegation of serious prejudice is not sufficient, well-substantiated proof is often required by the Tribunal Administratif du Logement.

A dwelling whose condition constitutes a serious threat to the health or safety of the occupants or the public or that has been declared by the court or the competent authority is unfit for habitation.

The law gives the tenant the right to abandon a dwelling that becomes unfit for habitation. The landlord is then required to notify the landlord of the condition of the dwelling and its abandonment within 10 days, either before or after his departure.

The tenant must exercise caution before abandoning a dwelling, which he considers to be unsuitable for habitation, since the case law is abundant, to the effect that an unhealthy or defective dwelling can not be declared unfit for habitation If the court is not satisfied that the dwelling constitutes a serious threat to the health or safety of the occupants. Abandonment of housing

In such a case is an eviction under the law.

Neighborhood disorders are often referred to as noise problems, but these disorders may also be in other forms. In general, the tenant has an obligation to behave in such a way as not to disturb the peaceful enjoyment of other tenants. The Tribunal Administratif du Logement considers that there is a disturbance in the neighborhood, where the disturbing tenant's behavior exceeds the limits of the tolerance that neighbors owe. Therefore, there will be fault, when the disturbing tenant's behavior is abnormal, excessive and frequent.

The troubled tenant must first report the situation in writing to the landlord. The latter must then take concrete measures in order to put an end to the disorder complained of. Failing this, he or she may be subject to a lawsuit by the troubled tenant who may apply to the Tribunal Administratif du Logement for a reduction in rent, damages and, in extreme cases, a termination of his lease.

As a general rule, responsibility for all repairs to the dwelling is the responsibility of the landlord, except for minor maintenance repairs that are the responsibility of the tenant. The law identifies and frames certain types of repairs that may occur during the lease:

- Urgent and necessary repairs

The urgency of the reparation is based on the facts of the case and the necessity rests on the necessity or not of the repair on the rehabilitation and the conservation of the housing. The law provides that the tenant must undergo urgent and necessary repairs, on the other hand, he may request a reduction of the rent and require compensation in the event of evacuation.

- Repairs authorized by the court

These are repairs which, although necessary, are not urgently required. When the landlord does not do this, the tenant can go to court to be allowed to run it himself. If the court allows them, the tenant will be able to withhold the rent, in order to compensate for expenses related to the authorized work, up to the amount fixed by the court.

- Repairs not authorized by the court

This type of repair occurs when, after attempting to inform or after informing the landlord, if the landlord does not act in a timely manner, the tenant undertakes a repair or incurs an urgent expense that is necessary for the conservation or The enjoyment of the leased property, even without the permission of the court.

The tenant who commits, undertakes a repair or incurs an expense in these circumstances, to withhold the rent up to the amount invested in housing.

- Non-urgent major repairs

This type of reparation is well regulated by law. These are repairs undertaken by the landlord's initiative, in order to improve the condition of the building or housing. Generally a detailed notice is sent to the tenant, to notify him of the date and nature of the repair. In the event of a temporary evacuation, the landlord assumes certain expenses that are determined by the Tribunal Administratif du Logement, in the absence of agreement with the tenant who must undergo the repair. It should be noted that the tenant retains his right to remain in the premises and can therefore reinstate his dwelling at the end of the work.

The resumption of the dwelling is a legal remedy which puts in opposition two fundamental principles, the right of the owner to enjoy his property and the right of the tenant to the maintenance in the rented premises. Through the use of this remedy, the landlord generally seeks to obtain the tenant's departure in order to occupy the dwelling or to have the dwelling occupied by a member of his family.

- Who can exercise the right to repossess a dwelling?

The landlord himself, if he is the sole owner of the building; The landlord if he is co-owner of an undivided part of the immovable, the other co-owner of which is his spouse

- Who are the beneficiaries of the right to repossess a dwelling?

The ascendants of the owner (father and mother); First degree offspring (children); any other related or allied (stepmother, stepfather, stepdaughter, brother, sister ...) whose Itis the main support (financial, moral, etc. ..).

- How quickly can the takeover take place?

The notice must be sent and received by the tenant six months before the expiry of the fixed-term lease. If the term of the lease is six months or less, the notice must be sent within one month before the expiry of the lease.

When the lease is for an indefinite period, the notice must be sent six months before the scheduled resumption.

- What are the allowances provided for by law in the event of resumption of housing?

In case of resumption of housing, the tenant only has to pay an indemnity equivalent to the expenses of removal (relocation, relocation, hydro, change of address ...).

- What are the consequences of a resumption of bad faith?

When a right of repossession is exercised in bad faith, that is to say that the landlord uses the pretext of the takeover to illegally evict the tenant, the latter can apply to the Tribunal Administratif du Logement, obtain moral and punitive damages from the landlord who has acted in bad faith.

- Cases of opening an eviction

The landlord may evict a tenant to subdivide his dwelling, enlarge it substantially or change the assignment.

- How quickly can eviction be exercised?

The notice must be sent and received by the tenant six months before the expiry of the fixed-term lease. If the term of the lease is six months or less, the notice must be sent within one month before the expiry of the lease.

When the lease is for an indefinite period, the notice must be sent six months before the scheduled resumption.

- What are the statutory indemnities in case of eviction?

The landlord must pay the evicted tenant an allowance of three months' rent and reasonable removal expenses. If the tenant considers that the damage he is suffering justifies higher damages, he may apply to the court to have the amount fixed.

- What are the consequences of an eviction made in bad faith?

Where eviction is exercised in bad faith, the tenant may apply to the Tribunal Administratif du Logement in order to obtain moral and punitive damages from the landlord who has acted in bad faith.