T-15.01, r. 1.1 - Regulation respecting the mandatory content of a notice of modification of the lease of a dwelling

À jour au 1^er janvier 2025

Ce document a valeur officielle.

chapter T-15.01, r. 1.1

Regulation respecting the mandatory content of a notice of modification of the lease of a dwelling

Act respecting the Administrative Housing Tribunal

(chapter T-15.01, s. 108, 1st par., subpar. 6).

Civil Code of Québec

(Civil Code, a. 1943, 1st par.).

Act to limit lessors’ right of eviction and to enhance the protection of senior lessees

(chapter D-13.01, s. 4).

1. A notice of modification of the conditions of the lease of a dwelling must, in addition to the particulars prescribed by article 1943 of the Civil Code, reproduce the text contained in the Schedule I to this Regulation.

O.C. 1733-2024, s. 1.

2. (Omitted).

O.C. 1733-2024, s. 2.

SCHEDULE I

(s. 1)

(1) A lessee who receives this notice has 3 options:

(1) I accept the renewal of the lease with its modifications;

(2) I object to the proposed modifications and I renew my lease;

(3) I do not renew my lease and I will vacate upon termination of the lease.

A lessee who objects to the modifications or intends to vacate upon termination of the lease must notify the lessor within one month after receiving the notice of modification of the lease. If the lessee fails to do so, the lessee is deemed to have accepted the renewal of the lease on the conditions proposed by the lessor.

(2) Objection to the proposed modifications requires the lessee to vacate the dwelling upon termination of the lease in the following cases (a. 1945 and 1955 C.C.Q):

(1) the section of the lease related to the restrictions of the right to fix the rent and the modification of the lease indicates that the dwelling is situated in a housing cooperative of which the lessee is a member;

(2) the section of the lease related to the restrictions of the right to fix the rent and the modification of the lease indicates that the dwelling is situated in an immovable constructed or whose destination has changed in the past 5 years or less.

In the latter case, if the lease is entered into after 20 February 2024 and the immovable is ready for its intended use after that date, the lessor must also, to set up the restriction of the right to fix the rent against the lessee, indicate in the lease the maximum rent the lessor may impose in the 5 years following the date on which the immovable is ready for habitation.

(3) If the lessee objects to the proposed modifications, such as a rent increase, the lessor may apply to the Administrative Housing Tribunal, within 1 month after receiving the notice of objection, to have the rent fixed or for a ruling on any other modification of the lease.

The lessee and the lessor must then comply with the decision of the Tribunal. If the lessor does not apply to the Tribunal within the month following the objection, the lease is renewed at the same rent and on the same other conditions.

The costs related to the lessor’s application are borne by the lessor. The Tribunal has the discretion to order the lessee to reimburse the costs, in particular if the Tribunal grants a rent increase at least equal to that requested by the lessor in the notice of modification of the lease and the lessor had, before filing the proceeding, allowed the lessee to have access to the relevant data in order to make an informed decision on the increase.

O.C. 1733-2024, Sch. I.

REFERENCES

O.C. 1733-2024, 2024 G.O. 2, 4345