Fax: 514-738-2231 Montreal, QC (article 1960 paragraph 2 Civil Code of Quebec). If you already have an account with us please login. Sherbrooke, (Québec) Fax: 514-272-5338, Comité logement Rosemont This includes your credit card number, bank account numbers, social insurance numbers, visa or passport, driver's permit, or proof of health insurance. If the lease is for a period of less than 12 months, or the full duration is undetermined, the notice of change of conditions must be given at least 1 month and not more than 2 months prior to the end of the term. Verdun, QC Smoking is prohibited in all common areas of residential buildings that have six or more units, regardless of whether or not the buildings are held in co-ownership. Email: oeilcdn@videotron.ca 3600 Barclay Street, suite 344 When dealing with those harder to deal with landlords that do not want to do anything, we as a professional company, cannot enter the property nor can we do any work in the home without the property owner’s permission. 1856 of C.C.Q.) (article 1956 Civil Code of Quebec) The landlord or tenant of a residence in low-rental housing cannot apply for the correction of rent or the changing of any condition explicitly mentioned in the lease except in accordance with the provisions specific to that type of lease. 2. If the court gives the tenant approval to make the necessary repairs and improvements, it determines the overall amount and fixes the conditions observed in carrying them out. Tel. Email: info@comitelogement.com The ability of a tenant to get rid of mould that is growing in a rental unit is tied to the ability to disrupt the moisture, growth medium, temperature and stagnant air that is encouraging the mold growth. For the lease of a room, the notice has to be given not less than ten days nor more than twenty days before (article 1942 Civil Code of Quebec). Neither the landlord nor the tenant of rental property leased by a housing cooperative to one of its members can apply to the court for the correction of the rent or the changing of any other conditions included in the lease. A lessee who wishes to object to the modification that is proposed by the landlord is required to notify the landlord within a period of one month after receiving the notice of modification of the lease, that he or she objects or that he or she is vacation the dwelling; otherwise, the tenant is assumed to have agreed to the renewal of the lease on the conditions proposed by the landlord. The landlord can terminate the lease where the tenant has sublet the rental property for more than 12 months by giving notice to the tenant and sub-lessee; the notice period for this is the same as for modification of the lease (refer to Renewal of the Lease) (articles 1942 and 1944 Civil Code of Quebec). 2532 rue des Ormeaux By law, a landlord cannot request you to write post-dated cheques for rent. If your landlord puts off doing the major work, you can contact the Régie for permission to do the repairs yourself and for an order that your landlord must reimburse you for the costs. Basement 15B Renters need to notify landlords promptly, in writing, of any water leaks or moisture problems. With a notice of repossession, the date fixed for the dwelling to be repossessed, the name of the beneficiary and, where applicable, the relationship of the beneficiary to the landlord must be stated. Mold problems in buildings are a result of water and moisture problems. Montréal, Québec No lock or any other device that restricts access to a property can lawfully be installed or changed without the permission of both the landlord and tenant. If the tenant believes that the prejudice against him or her warrants a greater amount of damages, he can apply to the court for the fixing of the amount of the indemnity. Montreal, QC The landlord has the right to terminate the tenant’s lease if the tenant is over three wakes late in paying their rent, or if he suffers serious prejudice as a directly result, where the tenant is frequently late in paying their rent (article 1971 Civil Code of Quebec). 5964 Notre-Dame-de-Grâce, #204 The landlord nor the tenant of the rental property situated in a recently erected immovable or an immovable used for renting as a result of a recent change of destination pursue the remedy referred to in the first paragraph within five years after the date on which the immovable is ready for its intended use. After receiving the tenant’s written refusal of the proposed changes, the landlord has a period of not more than 1 month after receiving the notice of objection to apply to the Regie du logement to fix new conditions. All leases, regardless of their length, are automatically renewed with the same terms if the landlord fails to give the tenant the proper written notice in advance, as required by law; for changing the conditions (discussed below) or termination (see Terminating a Lease: Notice and Timing). The tenant is required to advise the landlord in writing of his or her intent to sublet or assign the lease as well as provide the name and address of the proposed sub-lessee. For a six month or less period on a lease, only one month notice is required. Tenant Mold Issue Protections in Chicago. If you have any questions or concerns about a lease agreement or your landlord, your best bet is to contact a lawyer in Quebec for further information. The costs of termination for the safety of the tenant or a child of the tenant under article 1974.1 Civil Code of Quebec can be paid by the Commission de la santé et de la securite du travail for a period of up to two month’s rent for a maximum amount of $1,000 per month. Email: elhm@cam.org The laws around mold vary from state to state, so if you feel your apartment is uninhabitable due to mold, be sure to check your state laws or ask a lawyer for advice. Tel. Montreal, QC tenant rights and landlord rights in quebec, http://logement-hochelaga-maisonneuve.org/. (Va. Code Ann. Montréal (Québec) Termination of the lease take effect before the two-month period expires if the liquidator or heir and the landlord agree or when the residence is re-leased by the landlord during the same period (article 1939 Civil Code of Quebec). Provides assistance to tenants who wish to know their rights. 1. Source 1 | Source 2 | Source 3 | Source 4 | Source 5 | Source 6, Register this device to receive push notifications. To pay the agreed rent on the agreed date (art. The landlord of a rental property has the right to evict the tenant for the purpose of dividing the dwelling, building onto it substantially or changing its destination (article 1959 Civil Code of Quebec). (article 1897 Civil Code of Quebec). Montreal, QC Offers advice on landlord and tenant issues. Tel: 819-791-1541 When you search for a rental house or apartment, you generally look for a place that's affordable, in decent shape, close to work, and suitable to your personal needs. If the landlord fails to reply, the landlord is assumed to have agreed to the sublet or assignment (articles 1870 and 1871 Civil Code of Quebec). Local 208 et 211 http://logement-hochelaga-maisonneuve.org/, Infologis de l'est de l’Île de Montréal Yes, but if the lease allows for pets, or if the lease does not address this issue at all, pets are permitted in the unit. From the tenant’s perspective, the discovery of mold should initiate an immediate call to the landlord. H2L 3E7 Exclusions: There are five other situations in which the lease can be terminated during rather than at the end of the term: When a tenant is moving to a unit in low-rental housing; When a disability is admitted permanently to a residential and long-term care centre or two a foster home, whether or the tenant already lives in such a place at the time of admission. Know your mold rights against mold as a tenant. If the landlord fails to apply to the Regie du logement, the lease is automatically renewed at the same rent and with the same conditions. The landlord is legally allowed to terminate the lease in the event that the tenant has died and was living alone at the time of their death by giving the notice to their heir or to the liquidator of the state (article 1944 Civil Code of Quebec). In the event that the landlord refuses the tenant’s request for sublet or assignment, a valid reason must be provided. In the event of a residence described in article 1955 Civil Code of Quebec, the tenant must vacate the residence upon termination of the lease if he or she objects to the proposed modification. If there is no other agreement, rent is to be paid on the first day of each month (or of each week if it is a week-to-week tenancy). H1R 2V6 The parties may also apply to the court for the fixing of rent. In addition, tenants must “use reasonable efforts” to maintain their apartment and prevent the “accumulation of moisture and the growth of mold.” (Va. Code Ann. There are special notice requirements. Montréal, QC The landlord must deliver the residence in good overall condition. There is an excellent FAQ section, with links to major topics and good linking between related topics. Email: locataire1@videotron.ca The tenant may, however, deny access before 7 a.m. and after 7 p.m., unless the work constitutes an emergency (article 1933 Civil Code of Quebec). http://lepopir.blogspot.com/, Projet Genèse An owner is not allowed to evict or repossess an apartment if the tenant or the tenant’s spouse meets these conditions: is 70 years old or more; has lived in the apartment for 10 years or more; has an annual income that makes him or her eligible for low-rental housing (HLM) Even in this situation, an owner can repossess an apartment in some cases. If a tenant has already been given the required notification of a rent increase and rejects it in writing, the landlord can apply to the Regie du logement to fix the rent. For leases that last 12 months or more, the notice is required to be given at least 3 months but no more than 6 months before the lease is set to end. This can include the terms of the lease or the cancellation of entitlement to a parking spot. Montréal, QC 3972 rue De Verdun If the lease is set for a period of less than 12 months or the total duration is yet undetermined, the notice has to be given to the landlord within at least 1 month but not more than 2 months before the term comes to an end. If you do not have an account you can register for free. http://www.comitelogement.org/. © 2020 All Rights Reserved, Narcity Media Inc. 44621946 © Benoit Daoust | Dreamstime.com, This Tiny Half-House In Toronto Is On Sale Right Now For Half A Million Dollars. Canada, J1H 5Z2 Visit the Régie du logement website for more complete legal information. For a lease with an undetermined term, a notice period of six months is required before the date of repossession or eviction (article 1960 Civil Code of Quebec). : 514-272-9006 Tenant Self-Help Strategies in Pennsylvania. Remediation of the mold. Neither the landlord nor the tenant can take action, such as attempting to forcibly evict a tenant without a court order. Find out more. The source or cause of the mold growth can be determined by the living conditions and needs to be fixed or addressed to ensure no more mold growth or future mold growth occurs. Renters need to operate the heating and ventilation systems to reduce water condensation. The tenant has the right to reside in the rental unit as long as he or she respects the terms of the rental agreement. : 514-528-1634 When the lease is being entered into, the landlord must give the new lessee a notice indicating the lowest rent paid in the last months before the beginning of the lease or the rent fixed by the court during the same period, depending on the situation, and containing any other particular prescribed by the regulation of the Government. Tel. 10 780 rue Laverdure http://www.mcgill.ca/offcampus/, Comité D'Action De Parc Extension The term of a lease cannot exceed one hundred years. The heir, or liquidator of the estate, can object to the notice within a period of not more than one month after receiving it; otherwise, it is assumed that they have agreed to the termination of the lease. Learn about the tax obligations and rights of corporations, partnerships, trusts and organizations that carry out activities in Québec. The following give rise to the same resolutions as failure to perform an obligation under the lease: 6839-A Drolet Street H3L 2L9 Tel. Forms, in PDF format, can be found under the publications link on the main menu. www.oeilcdn.org, Action dignité Saint-Léonard Black mold, toxic mold, toxic black mold, moldies, moldys, mold guy, the mold guy, mold avoidance, mold … Tel: 514-484-1471 Some laws or codes mention disrepair, which may be the underlying cause of a moisture problem that leads to mold. Email: info@comitelogement.org A tenant, with certain exceptions, is allowed to sublet all or part of the rental unit or assign the lease to another person. The notice has to be sent with attestation fro ma public servant or public officer designated by the Minister of Justice, who, upon examining the tenant’s sworn statement that there exists a situation involving violence or sexual abuse, and other factual elements or documents that support the tenant’s claims, considers that the termination of the lease is a measure that must be taken to ensure the safety of the tenant as well as any children that may be living with the tenant. : 514-935-4649 http://www.infologis.ca/, POPIR — Comité logement de St-Henri Because of a decision made by the courts, the tenant is relocated in an equivalent dwelling corresponding to his or her needs. If your apartment or other leased property becomes infested with mold in Florida, it's important to understand your rights as a tenant as well as any applicable landlord liability. § 55-248.16(A)(10).) U.S. Department of Housing and Urban Development | 451 7th Street S.W., Washington, DC 20410 Telephone: (202) 708-1112 TTY: (202) 708-1455 H2S 2T1 Pests: A tenant may report a landlord if their apartment or rental property has shown signs of a mouse, rat, roach, bed bug, or other pest infestation. You walk in with the landlord and notice the a part of the floor is caved in, or perhaps there is some mold or other health and safety concern. A landlord cannot refuse to enter into a lease with a person or to uphold the right of the tenant, or impose unreasonable conditions because the person is pregnant or has one or more children, unless the refusal is justifiable by the size of the unit; nor can he engage in this behavior simply because the tenant exercised their rights under this chapter or the Act with respect to the Regie du lodgement (chapter R-8.1). H1W 3R1 The landlord must pay an indemnity that is equal to three months’ rent as well as reasonable moving expenses to the evicted tenant. The law also requires the public sector to use the applicable lease forms of the Regie du logement for the lease of a dwelling in low-rental housing in the sense of article 1984 of the Civil Code of Quebec, as well as for the lease of a dwelling with an educational institution by a student that is currently enrolled in that institution. Such restrictions shall be mentioned, however, in the rental agreement of a residence, if they are not mentioned, they cannot be set up by the landlord against the tenant. All different types of rental periods are permitted, including week-to-week, month-to-month or annual tenancies. It is unlawful for landlords to require key money. If the lease is written, however, the applicable lease form of the Regie du logement has to be used. (article 1960 paragraph 1 Civil Code of Quebec), In the case of a lease with an unspecified term, six months notice is required before the repossession or eviction date. Email: teninsorm@videotron.ca, Association des locataires de Sherbrooke www.genese.qc.ca, OEIL de Côte-des-Neiges The tenant must receive monetary compensation for the expenses he incurred for the repairs; he may, if necessary, withholding an amount of rent that is equivalent to these expenses (article 1868 Civil Code of Quebec). Email: info@clvm.org, Comité logement Petite Patrie Notice of termination is required to be sent with acknowledgement from the relevant authority and, in the case of a senior in a care facility or foster home, with a certificate from an authorized person stating that the conditions required for admission to the facility have been satisfied. (article 1945 and 1947 Civil Code of Quebec). Failure to perform basic obligations also allows the tenant to apply for a reduction of rent; where the court grants it, the landlord, upon fulfilling his obligations, is allowed to reestablish the rent for the future. The sublease is to be terminated by the date on which the lease of the unit ends; however, the sub-lessee is not required to vacate the property before receiving notice of 10 days to that effect from the sub-lessor or, failing him, from the principal lessor. Read on to learn about landlord responsibilities and tenant rights when it comes to mold in New York rental properties. Written rental agreements that include that schedule are sold at the offices of the Regie du lodgement and in bookstores throughout Quebec (article 2 Regulation respecting mandatory lease forms and particulars of a notice to a new lessee). Landlords are not permitted to require payments made by post-dated cheques or any other type of post-dated instrument (article 1904 paragraph 2 Civil Union Spousecode of TenantsQuebec). The landlord can, however, ask for the first month of rent in advance.*. The lease can be terminated, however, if the premises is deemed uninhabitable (article 1975 Civil Code of Quebec). Nonetheless, whether you've rented before or not, there are just some things that landlords try to get away with while you're renting an apartment. Hydro‑Québec is not a party to the lease. Saint Leonard, QC The first, known as "rent withholding," is when tenants decide to stop paying rent, claiming the mold has made their apartment uninhabitable. 421, Wellington Sud The landlord has the option of applying to have the tenant stop the offensive activity immediately, meaning a court order that would demand the tenant to get rid of the pet. In a vast majority of cases where the lease is being terminated before it is set to expire, when the appropriate notice is given, the lease will terminated two months after the day on which the tenants delivers the notice to the landlord. A lease is automatically terminated in the event that a tenant abandons the residence without a valid reason or without proper notification/approval. Tenants that are under a lease with an adjustment that provides for an increase of rent can object to excessive or unreasonable adjustments by filing a formal application with the court. Whether your lease is for one year, two years, three years or another set amount of time, you legally have a right to maintain occupancy as a tenant under the Civil Code of Québec. Now, state law considers mold a condition of substandard housing. Tel. This means that your landlord cannot change the purpose of the apartment you are renting during the entire length of your lease. 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