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:<\/p>\n
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- 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.<\/li>\n
- A low-cost or similar dwelling that meets your needs is granted to you.<\/li>\n
- You can no longer occupy your place of residence because of a disability.<\/li>\n<\/ul>\n
Documents that need to be submitted and deadlines to respect:<\/strong><\/p>\n
Because a lease is a contract, certain procedures must be followed if you want to sign a new lease with your future residence.<\/p>\n
You need three documents to resiliate your lease:<\/p>\n
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- Notice of departure and termination of your lease.<\/li>\n
- A document from the authority concerned proving you have been admitted to a residence.<\/li>\n
- A certificate from an authorized individual certifying that the conditions requiring your admission will be met.<\/li>\n<\/ul>\n
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.<\/p>\n
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.<\/p>\n
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\u2019 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.<\/p>\n
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References that can help you through the process:<\/strong><\/p>\n
An Act to amend the Civil Code as regards the resiliation of a dwelling lease in certain cases: <\/strong><\/p>\n
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- Excerpt from the Civil Code where you will find the details of actricle 1974<\/a><\/li>\n<\/ul>\n
R\u00e9gie du logement:<\/strong><\/p>\n
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- Elders – Complete file<\/a><\/li>\n
- Resiliation of a Lease – Elderly Admitted Permanently Into a Seniors’ Residence<\/a><\/li>\n<\/ul>\n
Resiliation of a lease notice: <\/strong><\/p>\n
- Resiliation of a Lease – Elderly Admitted Permanently Into a Seniors’ Residence<\/a><\/li>\n<\/ul>\n
- Elders – Complete file<\/a><\/li>\n
- Excerpt from the Civil Code where you will find the details of actricle 1974<\/a><\/li>\n<\/ul>\n
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If you need help finding a private senior\u2019s residence and to understand the termination of a lease for a senior process more clearly, contact a