Lacombe Avocats

SPECIAL RULES FOR LEASES OF DWELLINGS

§ 1.  — Application

1892. The lease of a room, of a mobile home placed on a chassis, with or without a permanent foundation, or of land intended for the emplacement of a mobile home is considered to be the lease of a dwelling.

The provisions of this section also govern leases relating to the services, accessories and dependencies attached to a dwelling, a room, a mobile home or land, and to services of a personal nature provided by the lessor to the lessee.

The provisions of this section do not apply to

(1)  the lease of a dwelling leased as a vacation resort;

(2)  the lease of a dwelling in which over one-third of the total floor area is used for purposes other than residential purposes;

(3)  the lease of a room situated in a hotel establishment;

(4)  the lease of a room situated in the principal residence of the lessor, if not more than two rooms are rented or offered for rent and if the room has neither a separate entrance from the outside nor sanitary facilities separate from those used by the lessor;

(5)  the lease of a room situated in a health or social services institution, except pursuant to article 1974.

1892.1. The services listed in the form reproduced in Schedule 6 to the Regulation respecting mandatory lease forms and the particulars of a notice to a new lessee (chapter R-8.1, r. 3) are services of a personal nature provided to the lessee.

1893. A clause in a lease of a dwelling which is inconsistent with the provisions of this section, the second paragraph of article 1854 or articles 1856 to 1858, 1860 to 1863, 1865, 1866, 1868 to 1872, 1875, 1876 and 1883 is without effect.

§ 2.  — Lease

1894. Before entering into a lease, the lessor is bound to give the lessee, where applicable, a copy of the by-laws of the immovable which contain the rules for the enjoyment, use and maintenance of the dwellings and of the common premises.

The by-laws form part of the lease.

1895. Within 10 days after entering into the lease, the lessor is bound to give the lessee a copy of the lease or, in the case of an oral lease, a writing setting forth the name and address of the lessor, the name of the lessee, the rent and the address of the leased property, and containing the text of the particulars prescribed by the regulations of the Government. The writing forms part of the lease. The lease or writing shall be made on the form the use of which is made mandatory by the regulations of the Government.

Where the lease is renewed and the parties agree to modify it, the lessor is bound to give a writing evidencing the modifications to the initial lease to the lessee before the beginning of the renewal.

However, the lessee may not apply for resiliation of the lease on the ground that the lessor has failed to comply with those requirements.

1895.1. If the lease includes services of a personal nature to be provided to the lessee, the lessor must specify, in the relevant schedule to the mandatory form, the part of the rent that relates to the cost of each of those services.

1896. At the time of entering into a lease, the lessor shall give a notice to the new lessee, indicating the lowest rent paid in the 12 months preceding the beginning of the lease or the rent fixed by the court during the same period, as the case may be, and containing any other particular prescribed by the regulations of the Government.

The lessor is not bound to give the notice in the case of the lease of an immovable referred to in articles 1955 and 1956.

1897. The lease and the by-laws of the immovable shall be drawn up in French. They may, however, be drawn up in another language at the express wish of the parties.

1898. Every notice relating to a lease, except notice given by the lessor with a view to having access to the dwelling, shall be given in writing at the address indicated in the lease or, after the lease has been entered into, at the new address of the party, if the other party has been informed of it; the notice shall be drawn up in the same language as the lease and conform to the rules prescribed by regulation.

A notice that does not conform to the prescribed requirements may not be set up against the addressee unless the person who gave it proves to the court that the addressee has not suffered any injury as a consequence.

1899. A lessor may not refuse to enter into a lease with a person or to maintain the person in his or her rights, or impose more onerous conditions on the person for the sole reason that the person is pregnant or has one or several children, unless the refusal is warranted by the size of the dwelling; nor can he so act for the sole reason that the person has exercised his or her rights under this chapter or the Act respecting the Régie du logement (chapter R-8.1).

Punitive damages may be awarded in cases where this provision is violated.

1900. A clause which limits the liability of the lessor or exempts him from liability or renders the lessee liable for injury caused without his fault is without effect.

A clause to modify the rights of a lessee by reason of an increase in the number of occupants, unless the size of the dwelling warrants it, or to limit the right of a lessee to purchase property or obtain services from such persons as he chooses, and on such terms and conditions as he sees fit, is also without effect.

1901. A clause stipulating a penalty of an amount exceeding the value of the injury actually suffered by the lessor, or imposing an obligation on the lessee which is unreasonable in the circumstances, is an abusive clause.

Such a clause is null or any obligation arising from it may be reduced.

1902. Neither the lessor nor any other person may harass a lessee in such a manner as to limit his right to peaceable enjoyment of the premises or to induce him to leave the dwelling.

A lessee who suffers harassment may demand that the lessor or any other person who has harassed him be condemned to pay punitive damages.

§ 3.  — Rent

1903. The rent agreed upon shall be indicated in the lease.

It is payable in equal instalments, except for the last, which may be less; it is payable on the first day of each payment period, unless otherwise agreed.

1904. The lessor may not exact any instalment in excess of one month’s rent; he may not exact payment of rent in advance for more than the first payment period or, if that period exceeds one month, payment of more than one month’s rent.

Nor may he exact any amount of money other than the rent, in the form of a deposit or otherwise, or demand that payment be made by postdated cheque or any other postdated instrument.

1905. A clause in a lease stipulating that the full amount of the rent will be payable in the event of the failure by the lessee to pay an instalment is without effect.

1906. A clause in a lease with a fixed term of 12 months or less providing for an adjustment of the rent during the term of the lease is without effect.

A clause in a lease with a term of more than 12 months providing for an adjustment of the rent during the first 12 months of the lease or more than once during each 12 month period is also without effect.

1907. Where the lessor fails to perform his obligations, the lessee may apply to the court for authorization to perform them himself. The parties are then subject to the provisions of articles 1867 and 1869.

The lessee may also deposit his rent in the office of the court, if he gives the lessor prior 10 days’ notice indicating the grounds for depositing it and if the court, considering that the grounds are serious, authorizes the deposit and fixes its amount and conditions.

1908. Where, following the alienation of an immovable, the registration of a hypothec against the rent or an assignment of claim, the lessee is not personally informed of the name and address of the new lessor or of the person to whom he owes payment of the rent, he may, with the authorization of the court, deposit his rent in the office of the court.

Deposit may also be authorized where, for any other serious reason, the lessee is not certain of the identity of the person to whom he owes payment of the rent, where the lessor cannot be found or where he refuses payment of the rent.

1909. The court authorizes the remittance of the deposit where the person to whom the lessee owes payment of the rent is identified or has been found or where the lessor performs his obligations; otherwise, it may permit the lessee to continue to deposit his rent until the identification is made or until the lessor performs his obligations. The court may also authorize the remittance of the deposit to the lessee to enable him to perform the obligations of the lessor.

§ 4.  — Condition of dwelling

1910. A lessor is bound to deliver a dwelling in good habitable condition; he is bound to maintain it in that condition throughout the term of the lease.

A stipulation whereby a lessee acknowledges that the dwelling is in good habitable condition is without effect.

1911. The lessor is bound to deliver the dwelling in clean condition and the lessee is bound to keep it so.

Where the lessor carries out work in the dwelling, he shall restore it to clean condition.

1912. The following give rise to the same remedies as failure to perform an obligation under the lease:

(1)  failure on the part of the lessor or the lessee to comply with an obligation imposed by law with respect to the safety and sanitation of dwellings;

(2)  failure on the part of the lessor to comply with the minimum requirements fixed by law with respect to the maintenance, habitability, safety and sanitation of immovables comprising a dwelling.

1913. The lessor may not offer for rent or deliver a dwelling that is unfit for habitation.

A dwelling is unfit for habitation if it is in such a condition as to be a serious danger to the health or safety of its occupants or the public, or if it has been declared so by the court or by a competent authority.

1914. A lessee may refuse to take possession of a dwelling delivered to him if it is unfit for habitation; in such a case, the lease is resiliated by operation of law.

1915. A lessee may abandon his dwelling if it becomes unfit for habitation, but he is bound to inform the lessor of the condition of the dwelling before abandoning it or within the following 10 days.

A lessee who gives such a notice to the lessor is exempt from rent for the period during which the dwelling is unfit for habitation, unless the condition of the dwelling is the result of his own fault.

1916. As soon as the dwelling becomes fit for habitation again, the lessor is bound to inform the lessee, if the lessee has given him his new address; the lessee is then bound to notify the lessor within the following 10 days as to whether or not he intends to return to the dwelling.

Where the lessee has not given the lessor his new address or fails to notify him that he intends to return to the dwelling, the lease is resiliated by operation of law and the lessor may enter into a lease with a new lessee.

1917. The court, when seized of any dispute in connection with a lease, may, even of its own motion, declare that the dwelling is unfit for habitation; it may then rule on the rent, fix the conditions necessary for the protection of the rights of the lessee and, where applicable, order that the dwelling be made fit for habitation again.

1918. The lessee may apply to the court for an order enjoining the lessor to perform his obligations regarding the condition of the dwelling, where their nonperformance threatens to make the dwelling unfit for habitation.

1919. The lessee may not, without the consent of the lessor, use or keep in a dwelling a substance which constitutes a risk of fire or explosion and which would lead to an increase in the insurance premiums of the lessor.

1920. The occupants of a dwelling shall be of such a number as to allow each of them to live in normal conditions of comfort and sanitation.

1921. Where a handicapped person significantly limited in his mobility occupies a dwelling, whether or not that person is the lessee, the lessor is bound, at the request of the lessee, to identify the dwelling in accordance with the Act to secure handicapped persons in the exercise of their rights with a view to achieving social, school and workplace integration (chapter E-20.1).

§ 5.  — Certain changes to dwelling

1922. No major improvements or major repairs, other than urgent repairs, may be made in a dwelling without prior notice from the lessor to the lessee and, if it is necessary for the lessee to vacate temporarily, until the lessor has offered him an indemnity equal to the reasonable expenses he will have to incur by reason of the vacation.

1923. The notice given to the lessee indicates the nature of the work, the date on which it is to begin and an estimate of its duration and, where required, the necessary period of vacancy; it also specifies the amount of the indemnity offered, where applicable, and any other conditions under which the work will be carried out, if they are of such a nature as to cause a substantial reduction of the enjoyment of the premises.

The notice shall be given at least 10 days before the date on which the work is to begin or, if a period of vacation of more than one week is necessary, at least three months before that date.

1924. The indemnity due to a lessee by reason of temporary vacation is payable on the date he vacates.

If the indemnity proves inadequate, the lessee may be reimbursed for any reasonable expenses incurred beyond the amount of the indemnity.

The lessee may also, depending on the circumstances, obtain a reduction of rent or resiliation of the lease.

1925. If the notice of the lessor provides for temporary vacation, the lessee shall notify the lessor within 10 days after receiving it that he intends or does not intend to comply with it; otherwise, he is deemed to have refused to vacate the premises.

If the lessee refuses to vacate, the lessor may apply to the court within 10 days after the refusal for a ruling on the expediency of the vacation.

1926. Where temporary vacation is not required or the lessee agrees to vacate, the lessee, within 10 days after receiving the notice, may apply to the court for the modification or suppression of any abusive condition.

1927. The application of the lessor or of the lessee is heard and decided by preference. It suspends the carrying out of the work unless the court orders otherwise.

The court may impose such conditions as it considers just and reasonable.

1928. Where the court is adjudicating upon an application regarding the conditions under which work is to be carried out, it is for the lessor to show that such work and conditions are reasonable and that the vacancy is necessary.

1929. No notice is required and no contestation is allowed where the alterations made have been the subject of an agreement between the lessor and the lessee within the scope of a public housing preservation and restoration program.

§ 6.  — Access to and visit of dwelling

1930. Where a lessee gives notice of non-renewal or resiliation of the lease to the lessor, he is bound to allow the dwelling to be visited and signs to be posted from the time he gives the notice.

1931. The lessor is bound, except in case of emergency, to give the lessee a prior notice of 24 hours of his intention to ascertain the condition of the dwelling, to carry out work in the dwelling or to have it visited by a prospective acquirer.

1932. The lessee may, except in case of emergency, refuse to allow the dwelling to be visited by a prospective lessee or acquirer before 9 a.m. or after 9 p.m.; the same rule applies where the lessor wishes to ascertain the condition of the dwelling.

The lessee may, in all cases, refuse to allow the dwelling to be visited if the lessor is unable to be present.

1933. The lessee may not refuse to allow the lessor to have access to the dwelling to carry out work.

He may deny him access before 7 a.m. and after 7 p.m., however, unless the work is urgent.

1934. No lock or other device restricting access to a dwelling may be installed or changed without the consent of the lessor and the lessee.

If either party fails to comply with his obligation, the court may order him to allow the other party to have access to the dwelling.

1935. The lessor may not prohibit a candidate in a provincial, federal, municipal or school election, an official delegate appointed by a national committee or the authorized representative of either from having access to the immovable or dwelling for the purpose of election campaigning or a referendum under an Act.

§ 7.  — Right to maintain occupancy

I.  — Beneficiaries of the right 

1936. Every lessee has a personal right to maintain occupancy; he may not be evicted from the leased dwelling, except in the cases provided for by law.

1937. The voluntary or forced alienation of an immovable comprising a dwelling or the extinction of the title of the lessor does not permit the new lessor to resiliate the lease, which is continued and may be renewed in the same manner as any other lease.

The new lessor has, towards the lessee, the rights and obligations resulting from the lease.

1938. The married or civil union spouse of a lessee, or a person who has been living with the lessee for at least six months, being the de facto spouse of the lessee, a relative or a person connected to the lessee by marriage or a civil union, is entitled to maintain occupancy and becomes the lessee if he or she continues to occupy the dwelling after the cessation of cohabitation and gives notice to that effect to the lessor within two months after the cessation of cohabitation.

A person living with the lessee at the time of death of the lessee has the same right and becomes the lessee if he or she continues to occupy the dwelling and gives notice to that effect to the lessor within two months after the death. If the person does not avail himself or herself of this right, the liquidator of the succession or, failing him or her, an heir may, in the month which follows the expiry of the period of two months, resiliate the lease by giving notice of one month to that effect to the lessor. In all cases, if part of the rent covers services of a personal nature provided to the lessee, the person living with the lessee at the time of the lessee’s death, the liquidator of the succession or the heir is only required to pay that part of the rent that relates to the services which were provided during the lifetime of the lessee. The same applies to the cost of such services if they are provided by the lessor under a contract separate from the lease.

1939. If no one is living with the lessee at the time of his or her death, the liquidator of the succession or, if there is no liquidator, an heir may resiliate the lease by giving the lessor two months’ notice within six months after the death. The resiliation takes effect before the two-month period expires if the liquidator or the heir and the lessor so agree or when the dwelling is re-leased by the lessor during that same period.

If part of the rent covers the cost of services of a personal nature provided to the lessee, the liquidator or the heir is only required to pay that part of the rent that relates to the services which were provided during the lifetime of the lessee. The same applies to the cost of such services if they are provided by the lessor under a contract separate from the lease.

1940. The sublessee of a dwelling is not entitled to maintain occupancy.

The sublease terminates not later than the date on which the lease of the dwelling terminates; however, the sublessee is not bound to vacate the premises before receiving 10 days’ notice to that effect from the sublessor or, failing him, from the principal lessor.

II.  — Renewal and modification of lease

1941. A lessee entitled to maintain occupancy and having a lease with a fixed term is entitled by operation of law to its renewal at term.

The lease is renewed at term on the same conditions and for the same term or, if the term of the initial lease exceeds 12 months, for a term of 12 months. The parties may, however, agree on a different renewal term.

1942. At the renewal of the lease, the lessor may modify its conditions, particularly the term or the rent, but only if he gives notice of the modification to the lessee not less than three months nor more than six months before term. If the term of the lease is less than 12 months, the notice shall be given not less than one month nor more than two months before term.

A lessor may not modify a lease with an indeterminate term unless he gives the lessee a notice of not less than one month nor more than two months.

The notice is of not less than 10 days nor more than 20 days in the case of the lease of a room.

1943. In every notice of modification increasing the rent, an indication shall be made of the proposed new rent in dollars or of the increase expressed in dollars or as a percentage of the current rent. The increase may be expressed as a percentage of the rent that will be determined by the court, where an application to have the rent fixed or reviewed has already been filed.

The notice shall, in addition, indicate the proposed term of the lease, if the lessor proposes to modify the term, and the time granted to the lessee to refuse the proposed modification.

1944. The lessor may avoid the renewal of the lease where the lessee has subleased the dwelling for more than 12 months by giving notice, within the same time as for modification of the lease, of his intention to terminate it to the lessee and to the sublessee.

The lessor may similarly avoid the renewal of the lease where the lessee has died and no one was living with him at the time of the death, by giving the notice to the heir or to the liquidator of the succession.

1945. A lessee who objects to the modification proposed by the lessor is bound to notify the lessor, within one month after receiving the notice of modification of the lease, that he objects or that he is vacating the dwelling; otherwise, he is deemed to have agreed to the renewal of the lease on the conditions proposed by the lessor.

In the case of a lease of a dwelling described in article 1955, however, the lessee shall vacate the dwelling upon termination of the lease if he objects to the proposed modification.

1946. A lessee who has not received a notice of modification of the conditions of the lease from the lessor may avoid the renewal of a lease with a fixed term or terminate a lease with an indeterminate term by giving notice of non-renewal or resiliation of the lease to the lessor, within the same time as a lessor giving notice of modification.

III.  — Fixing conditions of lease

1947. Where a lessee objects to the proposed modification, the lessor may apply to the court, within one month after receiving the notice of objection, to have the rent fixed or for a ruling on any other modification of the lease, as the case may be; otherwise, the lease is renewed by operation of law on the same conditions.

1948. A lessee who has subleased his dwelling for more than 12 months, or an heir or the liquidator of the succession of a lessee who has died may, within one month after receiving notice of the intention of the lessor to avoid the renewal of the lease, contest the notice on its merits before the court; otherwise, he is deemed to have agreed to terminate the lease.

Where the court grants the application of the lessee after the expiry of the time for giving notice of modification of the lease, the lease is renewed but the lessor may, within one month after the final judgment, apply to the court for the fixing of a new rent.

1949. Where the lease provides for the adjustment of the rent, the parties may apply to the court to contest the excessive or inadequate nature of the proposed or agreed adjustment and for the fixing of the rent.

The application shall be made within one month from the date on which the adjustment is to take effect

1950. A new lessee or a sublessee may apply to the court to have the rent fixed if his rent is higher than the lowest rent paid during the 12 months preceding the beginning of the lease or sublease, as the case may be, unless that rent has already been fixed by the court.

He may apply only within 10 days after the lease or sublease has been entered into. If at the time the lease or sublease is entered into he has not received the notice from the lessor indicating the lowest rent paid in the preceding year, he may apply not later than two months after the beginning of the lease or sublease; where the lessor has given a notice containing a misrepresentation, the new lessee or sublessee may apply not later than two months after becoming aware of that fact.

1951. A person entitled by law to maintain occupancy and to become lessee upon the cessation of cohabitation with the lessee or the death of the lessee is not considered to be a new lessee.

1952. Where the court authorizes the modification of a condition of a lease, it fixes the rent payable for the dwelling, taking into consideration the relative value of the modification in relation to the rent for the dwelling.

1953. Where the court has an application before it for the fixing or adjustment of rent, it takes into consideration the standards prescribed by regulation.

The rent fixed by the court is in force for the term of the renewed lease or for such term, not in excess of 12 months, as it determines.

If the court grants an increase of rent, it may spread the payment of the arrears over a period not exceeding the term of the renewed lease.

1954. Where the court fixes the rent on the application of a new lessee, it does so for the term of the lease.

Where the term of the lease exceeds 12 months, the lessor may nevertheless have the rent fixed annually. The application must be made not later than three months before the expiry of each period of 12 months from the date on which the fixed rent took effect.

1955. Neither the lessor nor the lessee of a dwelling leased by a housing cooperative to one of its members may apply to the court to have the rent fixed or any other condition of the lease modified.

Similarly, the lessor or the lessee of a dwelling situated in a recently erected immovable or an immovable used for rental as a result of a recent change of destination may not pursue such a remedy within five years after the date on which the immovable is ready for its intended use.

Those restrictions shall, however, be mentioned in the lease of such a dwelling; if they are not mentioned, they may not be set up by the lessor against the lessee.

1956. The lessor or lessee of a dwelling in low-rental housing may not apply for the fixing of the rent or for the modification of any other condition of the lease except in accordance with the provisions specific to that type of lease.

IV.  — Repossession of a dwelling and eviction

1957. The lessor of a dwelling who is the owner of the dwelling may repossess it as a residence for himself or herself or for ascendants or descendants in the first degree or for any other relative or person connected by marriage or a civil union of whom the lessor is the main support.

The lessor may also repossess the dwelling as a residence for a spouse of whom the lessor remains the main support after a separation from bed and board or divorce or the dissolution of a civil union.

1958. The owner of an undivided share of an immovable may not repossess any dwelling in the immovable unless the only other owner is his or her spouse.

1959. The lessor of a dwelling may evict the lessee to subdivide the dwelling, enlarge it substantially or change its destination.

1960. A lessor wishing to repossess a dwelling or to evict a lessee shall notify him at least six months before the expiry of the lease in the case of a lease with a fixed term; if the term of the lease is six months or less, the notice is of one month.

In the case of a lease with an indeterminate term, the notice shall be given six months before the date of repossession or eviction.

1961. In a notice of repossession, the date fixed for the dwelling to be repossessed, the name of the beneficiary and, where applicable, the degree of relationship or the bond between the beneficiary and the lessor shall be indicated.

In a notice of eviction, the reason for and the date of eviction shall be indicated.

Repossession or eviction may take effect on a later date, however, upon the application of the lessee and with the authorization of the court.

1962. Within one month after receiving notice of repossession, the lessee is bound to notify the lessor as to whether or not he intends to comply with the notice; otherwise, he is deemed to have refused to vacate the dwelling.

1963. If the lessee refuses to vacate the dwelling, the lessor may nevertheless repossess it with the authorization of the court.

The application for authorization must be made within one month after the refusal by the lessee; the lessor shall show the court that he truly intends to repossess the dwelling for the purpose mentioned in the notice and not as a pretext for other purposes.

1964. The lessor may not, without the consent of the lessee, avail himself of the right to repossess the dwelling where he owns another dwelling that is vacant or offered for rent on the date fixed for repossession, and that is of the same type as that occupied by the lessee, situated in the same neighbourhood and at equivalent rent.

1965. The lessor shall pay an indemnity equal to three months’ rent and reasonable moving expenses to the evicted lessee. If the lessee considers that the injury he suffers warrants greater damages, he may apply to the court to have the amount fixed.

The indemnity is payable at the expiry of the lease; the moving expenses are payable on presentation of vouchers.

1966. Within one month after receiving the notice of eviction, the lessee may apply to the court to object to the subdivision, enlargement or change of destination of the dwelling; otherwise, he is deemed to have consented to vacate the premises.

Where an objection is brought, the burden is on the lessor to show that he truly intends to subdivide, enlarge or change the destination of the dwelling and that he is permitted to do so by law.

1967. Where the court authorizes repossession or eviction, it may impose such conditions as it considers just and reasonable, including, in the case of repossession, payment to the lessee of an indemnity equivalent to his moving expenses.

1968. The lessee may recover damages resulting from repossession or eviction in bad faith, whether or not he has consented to it.

He may also apply for punitive damages against the person who has repossessed the dwelling or evicted him in bad faith.

1969. Where the lessor does not exercise his right of repossession or eviction on the fixed date, the lease is renewed by operation of law provided the lessee continues to occupy the dwelling with the consent of the lessor. In that case, the lessor, within one month after the date fixed for repossession or eviction, may apply to the court to have a new rent fixed.

The lease is also renewed where the court refuses an application for repossession or eviction and renders its decision after expiry of the period provided to avoid the renewal of the lease or to modify it. The lessor may then, within one month after the final decision, apply to the court to fix the rent.

1970. A dwelling that has been the subject of a repossession or eviction may not, without the authorization of the court, be leased or used for a purpose other than that for which the right was exercised.

If the court gives authorization to lease the dwelling, it fixes the rent.

§ 8.  — Resiliation of lease

1971. The lessor may obtain the resiliation of the lease if the lessee is over three weeks late in paying the rent or, if he suffers serious injury as a result, where the lessee is frequently late in paying it.

1972. The lessor or the lessee may apply for the resiliation of the lease if the dwelling becomes unfit for habitation.

1973. Where either of the parties applies for the resiliation of the lease, the court may grant it immediately or order the debtor to perform his obligations within the period it determines, except where payment of the rent is over three weeks late.

Where the debtor does not comply with the decision of the court, the court resiliates the lease on the application of the creditor.

1974. A lessee may resiliate the current lease if he or she is allocated a dwelling in low-rental housing or, because of a decision of the court, the lessee is relocated in an equivalent dwelling corresponding to his or her needs; the lessee may also resiliate the lease if he or she can no longer occupy the dwelling because of a handicap or, in the case of a senior, if he or she is permanently admitted to a residential and long-term care centre, to a facility operated by an intermediate resource, to a private seniors’ residence where the nursing care and personal assistance services required by his or her state of health are provided, or to any other lodging facility, regardless of its name, where such care and services are provided, whether or not the lessee already resides in such a place at the time of admission.

The resiliation takes effect two months after a notice is sent to the lessor, or one month after the notice is sent if the lease is for an indeterminate term or a term of less than 12 months. However, the resiliation takes effect before the two-month or one-month period expires if the parties so agree or when the dwelling, having been vacated by the lessee, is re-leased by the lessor during that same period. The notice must be sent with an acknowledgement from the authority concerned and, in the case of a senior, with a certificate from an authorized person stating that the conditions requiring admission to the facility have been met.

If part of the rent covers the cost of services of a personal nature provided to the lessee, the lessee is only required to pay that part of the rent that relates to the services which were provided before he or she vacated the dwelling. The same applies to the cost of such services if they are provided by the lessor under a contract separate from the lease.

1974.1. A lessee may resiliate the current lease if, because of the violent behaviour of a spouse or former spouse or because of a sexual aggression, even by a third person, the safety of the lessee or of a child living with the lessee is threatened.

The resiliation takes effect two months after a notice is sent to the lessor or one month after the notice is sent if the lease is for an indeterminate term or a term of less than 12 months. However, the resiliation takes effect before the two-month or one-month period expires if the parties so agree or when the dwelling, having been vacated by the lessee, is re-leased by the lessor during that same period.

The notice must be sent with an attestation from a public servant or public officer designated by the Minister of Justice, who, on examining the lessee’s affidavit that there exists a situation involving violence or sexual aggression, and other factual elements or documents supporting the lessee’s statement provided by persons in contact with the victims, considers that the resiliation of the lease is a measure that will ensure the safety of the lessee or of a child living with the lessee. The public servant or public officer must act promptly.

If part of the rent covers the cost of services of a personal nature provided to the lessee or to a child of the lessee who lives with the lessee, the lessee is only required to pay that part of the rent that relates to the services which were provided before he or she vacated the dwelling. The same applies to the cost of such services if they are provided by the lessor under a contract separate from the lease.

1975. The lease is resiliated by operation of law where a lessee abandons the dwelling without any reason, taking his movable effects with him; it may also be resiliated without further reason, where the dwelling is unfit for habitation and the lessee abandons it without notifying the lessor.

1976. An employer may, where an employee ceases to be in his employ, resiliate a lease that is accessory to the contract of employment by giving the employee prior notice of one month, unless otherwise stipulated in the contract.

An employee may resiliate such a lease upon the termination of the contract of employment by giving prior notice of one month to his employer, unless otherwise stipulated in the contract.

1977. The lease is renewed by operation of law where the court refuses an application for resiliation thereof and renders its decision after expiry of the period provided to avoid the renewal of the lease or to modify it. The lessor may then, within one month after the final decision, apply to the court to have the rent fixed.

1978. The lessee, on resiliation of the lease or when he vacates the dwelling, shall leave it free of all movable effects except those which belong to the lessor. If the lessee leaves movable effects at the end of the lease or after abandoning the dwelling, the lessor may dispose of them in accordance with the rules prescribed in the Book on Property which apply to the holder of property entrusted and forgotten.

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Contactez-nous pour de plus amples informations: Tel: 514-898-4029  Courriel: malacombe@LacombeAvocats.ca