Renting in Québec: La Régie du logement

April 14, 2008 by Deyanira Bautista  
Filed under Montreal for Rent, Real Estate Law

What is the Régie du logement ?

Translated literally, and in the vernacular, La Régie du logement du Québec is the Quebec Rental Board. Here is a little definition excerpt to illustrate what the significance of it is:

“The Régie du logement is a specialized tribunal that has competence in residential lease matters. Its mission consists in deciding the applications that have been submitted within the framework of simple rules of procedure that respect natural justice; in informing the citizens on their rights and obligations related to the lease so as to avoid that conflicts occur due to the ignorance of the law; in promoting conciliation between landlords and tenants.

The Régie also keeps a watch, in certain circumstances, on the conservation of the housing stock and, in those cases, makes sure that the rights of the tenants are protected.”

The Régie’s laws and regulations cover all principal/permanent residential rental premises, including; the lease of a room, Mobile home placed on a chassis and land intended for the installation of a mobile home. However, the legislation does not apply to the following:

  • the lease of a dwelling as a vacation resort;
  • the lease of a dwelling where more than 1/3 of the total floor area is used for non-residential purposes;
  • the lease of a room in a health or social services institution (except pursuant to Article 1974 of the civil code of Quebec);
  • the lease of a room in a hotel establishment; or
  • The lease of a room situated in the principal residence of the landlord 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 landlord.

Rental Periods: How long can you rent for?

The rental periods are very flexible, since all types of terms are allowed: weekly, monthly, and annual. Also, you can have leases for no fixed duration.

Do you need to sign a Lease?

Not necessarily. The law does not require a written lease . But if you decide to write one, you must use the appropriate form from the Régie du logement for any new residential lease (room, apartment, condo, house, or land intended for the installation of a mobile home).

These forms are also mandatory for low-rental housing and for the lease of a dwelling with an educational institution by an enrolled student.

In the case of verbal lease, the landlord must give the tenant a form entitled “Mandatory Writing” within 10 days of the agreement. You can buy this form at the offices of the Régie du logement.

Comments

7 Responses to “Renting in Québec: La Régie du logement”

  1. Emilia on July 20th, 2008 9:22 am

    wHAT CAN I DO WHEN I TELL MY LANDLORD THAT THE DUST OF HIS

    PLASTER INJURED ONE OF MY EYS AND I WAS PROMIISED HE D FIX IT

    AND DOES NOT DO IT.

  2. corina on July 25th, 2008 6:06 pm

    what can I do when my tenant comes up to me and says oh I just bought a house and I will move out this friday. the lease was automatically renewed for a year as there were no changes on both our parts

  3. Deya Bautista on July 27th, 2008 9:15 am

    Emilia and Corina,
    Both of your cases should be directed to la regie. You can contact them to get information on how to proceed with your case.

  4. diana on September 23rd, 2008 10:56 am

    I HAVE ONE MONTH IN MY HAUSE AND I HAVEW PROBLEMS WITH MY NEIGBOR EVERY DAY SHE SMOKE MARIJUANA AND THE MORNINGS AND NIGHT MY HAUSE SMOKE MARIJUANA. I CALL THE POLICE AND THEY TELL ME THEY CAN’T DO NOTHIG BECAUSE IS A CONSUMER NOT A SELLER . I HAVE 3 LITTLE GIRLS AND I CAN’T LIVE IN THAT FORM. I WANT TO CANCEL MY LEASE AND I DON’T KWON IF I CAN.

  5. Deya Bautista on September 24th, 2008 9:17 am

    Diana, I am SURE under those circumstances you can leave the lease. Find someone who can take over your lease if necessary. If not, then contact la Regie.

  6. Lisa on October 12th, 2008 6:46 pm

    Is there any possibility other than sub-letting my apt to get out of my lease in 3 mths from now?

  7. Deya Bautista on October 14th, 2008 9:12 am

    Lisa,
    You could negotiate with the landlord. Usually there are penalty fees. Depending on your landlord, he/she might give you the option to leave as long as you find them another tenant, so they can make a new lease for them.