Resiliating the lease of a senior: your rights, according to Article 1974 of the Code civil of Quebec

Since November 30, 2011, as a result of the amendments made to the Civil Code via Bill 22, “An Act to amend the Civil Code as regards the resiliation of a dwelling lease in certain cases” and by virtue of section 1974 appearing therein, you are entitled to terminate your lease in order to move into a senior’s residence with care and services that correspond to your needs.

Which situations permit the use of Article 1974?

If you are a senior and you are renting a regular apartment or a residence for independent seniors, certain situations allow you to resiliate your existing lease:

• You have been permanently admitted to a private or public residence where nursing care or personal assistance services required by your state of health are provided.
• A low-cost or similar dwelling that meets your needs is granted to you.
• You can no longer occupy your place of residence because of a disability.

Documents that need to be submitted and deadlines to respect:

Because a lease is a contract, certain procedures must be followed if you want to sign a new lease with your future residence.

You need three documents to resiliate your lease:

• Notice of departure and termination of your lease.
• A document from the authority concerned proving you have been admitted to a residence.
• A certificate from an authorized individual certifying that the conditions requiring your admission will be met.

It is important to specify that the notice of departure and termination of lease must be provided in writing and that the document is, in fact, a letter from the residence to which you will be moving. The certificate is a report from a health and social services professional such as a doctor, social worker, nurse or other registered professional.

You must respect certain deadlines when sending the abovementioned documents. Note that resiliation takes effect two months after the notice is sent, if your lease is for 12 months or more. In cases where your lease is for an indefinite period or fewer than 12 months, the effective date of resiliation is set at 1 month after the notice is sent.

Lastly, it is important to know that the termination can take effect before the expiry of the deadline if you reach an agreement with your landlord or owner, or if the owner rents the dwelling. Moreover, if you leave a seniors’ residence where you receive nursing care or personal assistance services before the effective date of the lease termination, you are required to pay basic rent only. The amount associated with the cost of care and services is therefore excluded from the payment since you are not present to receive this care and service.

 

References that can help you through the process:

An Act to amend the Civil Code as regards the resiliation of a dwelling lease in certain cases:

• Excerpt from the Civil Code where you will find the details of actricle 1974

Régie du logement:

• Elders – Complete file
• Resiliation of a Lease – Elderly Admitted Permanently Into a Seniors’ Residence

Resiliation of a lease notice:

“Notice of resiliation of lease due to admission of the lessee to a residential and long-term care centre or to a private seniors’ residence”

 

A residences advisor can help you

If you need help finding a private senior’s residence and to understand the termination of a lease for a senior process more clearly, contact a housing advisor for Seniors by calling 514 996-2887 or toll free at 1 844 422-2555.