Signing a lease with a private residence

Finally, you find the perfect home! All you need to do is sign the lease. But beware: a lease is a contract, and we must be careful what we sign in a contract!

The lease form from the Régie du logement (Rental Board) is mandatory both for renting room and board, and for renting an apartment. It sets out the respective obligations of a tenant and a landlord with regard to the various aspects of the rental procedure. And like any other contract, once signed, it cannot be broken before the end date unless there is consent from both parties.

In the lease, the landlord and tenant agree on the amount and terms of rent payments, the work to be performed (e.g., paint), and so on. When individual services are offered, as is the case in private retirement homes, they should be added to the appendix that is designed for this purpose.

Important: Ensure that all basic services included in the rent (electricity, heating, maintenance, laundry, activities, etc.) are indicated. For à la carte services for which you pay extra, make sure that each service appears in the Appendix with its price. This way, if you wish to cancel a service, it is clear what amount needs to be deducted.

Do not forget to indicate any special services, such as the diet your condition requires. Furthermore, if you plan to travel for an extended period of time – spend the winter in Florida, for example – make arrangements with the owner so you don’t pay for certain services (meals, laundry, etc.) during your absence, and make sure to write the details in the appendix. It is important to negotiate and get things in writing. Do not rely on a simple handshake.

The unexpected

When you rent a housing unit, you are entitled to your privacy and the owner cannot enter your home at will, except in an emergency (a leak, for example). On the other hand, you cannot deny him access if work is required or if he needs to rent the unit following your notice of non-renewal of the lease. The Rental Board has laid down some rules to ensure peace of mind for both sides. If the owner must carry out minor work, he must give you 24 hours’ notice. If it is major work, he must give you 10 days’ notice. The work must be performed between 7 am and 7 pm. If you are required to leave the property temporarily for a period exceeding 7 days, he must give you at least 2 months’ notice. However, if you consider the work imposing/problematic – for example, the owner wants to change the windows in winter – you can file a complaint with the Rental Board. It is important that your rights be respected.

You are not receiving a service written in the lease?

If an amicable agreement is not possible, send the owner a notice. If nothing changes, then file a complaint with the Rental Board, which will issue a judgment after the hearings.

What you need to know about leases

You wish to terminate your lease before the end of the contract? Here’s what to do to avoid problems.

Contrary to popular belief, you cannot terminate a lease at any time and for any reason, simply by giving 2 months’ notice.

According to the Rental Board, only three conditions allow you to terminate the current lease:

• A resident is provided with low-rent housing (HLM)
• A resident can no longer occupy his dwelling due to disability
• A resident is permanently admitted to a residential long-term care home or a retirement (or pre-retirement) home

In any of the above situations, you must notify your landlord with a letter, ideally a registered letter that serves as proof, at least 2 months in advance. If you prefer to hand-deliver the letter, be sure to write the date of receipt on your copy as proof and to have it signed by the landlord. 2 months after receiving the notice, the landlord will terminate your lease. It is important that the notice be standard, namely that it be accompanied by a certificate from the authority in question (e.g., a certificate of evidence in a retirement home).

Of course you can leave before this period has elapsed, but you will be responsible for rent payments during those 2 months. However, if during this time, the owner rents the apartment to another resident, you could be free of your obligations earlier, but this is at his discretion since the law does not mandate it.

Do you wonder if a person’s death terminates his or her lease? Actually it does not. If the deceased resident lived alone, the estate may effectively terminate the lease by giving the landlord 2 months’ notice. However, if the owner rents the apartment before this period of time, the lease expires right then and there. Furthermore, if the deceased person lived in a retirement or pre-retirement residence, the estate must come to an agreement with the owner in order to avoid paying 2 months’ worth of meals. This highlights the importance of indicating in the lease the portion of the monthly rent allocated to meals. If no agreement can be reached between the estate and the owner, the Rental Board will be asked to intervene. Also note that special rules apply if the resident did not live alone at the time of death. The spouse of the deceased can take over the lease in his or her name by sending a notice to the owner within two months following the death.

In all other cases, or if you have any doubts about the procedure, consult the Rental Board for additional information.