Dealing with a rent increase

Project Genesis

If you live in an apartment or a rooming house, you have the right to be treated according to the law and with dignity. Therefore, it is imperative that you know your housing rights.

When a lease is up for renewal, the landlord can send you a rent increase notice, which must be in writing. A landlord may not request more than one rent in­crease per year.

If the landlord does not send a rent increase notice, your lease will be automatically renewed at the old rent unless you send a non-renewal notice by registered mail. The time limit for you to send a non-renewal notice or for your landlord to send a rent increase notice is the same and depends on the length of the lease.

For a 12 month lease, notice must be sent 3-6 months before the lease renewal date. For leases of an indeterminate length or under 12 months, notice is required 1-2 months beforehand. For leases of rooms, the requirement is 10-20 days.

To refuse an increase or leave at the end of your lease, you must inform the landlord by registered mail within 1 month of receiving the rent increase notice (a form letter is available at Project Genesis), otherwise the lease will be automatically re­newed with the rent increase. If you refuse, the landlord has one month to apply to the Rental Board for a ruling. The Rental Board will set the new rent taking into account changes in the landlord’s costs, typically taxes, insurance, maintenance, and heating.

Project Genesis offers free information on tenant-landlord law, welfare, pensions, family allowances and other income supplement programs, immigration issues, access to public health insurance, and more. Services are free and accessible with no appointment necessary.

Call 514-738-2036, visit genese.qc.ca or drop by at 4735 Côte-Ste-Catherine.

Know your housing rights - Repairs

Project Genesis

If you are living in an apartment or a rooming house, you have the right to be treated according to the law and with dignity. Therefore, it is imperative that you know your housing rights.

It is the landlord’s responsibility to maintain the apartment in good condition, and make any necessary repairs (as long as they are not due to damage caused by the tenant). There are three main types of repair situations:

• Repairs that are not urgent: You should send a registered letter to the landlord requesting the repairs be done within 10 days. Project Genesis has a form letter for this. If repairs are still not done, after the 10 days, you can go to the Rental Board and fill out an application for one or more of the following:
• To deposit your rent at the Rental Board.
• To ask for a rent reduction.
• To ask for an order for the landlord to carry out the repairs.
• To ask for permission to withhold money from the rent to do the repairs.
• To ask for damages due to loss or inconvenience.
• To ask for cancellation of the lease.
• Urgent repairs (e.g.: pipes bursting): You must inform, or try to inform the landlord of the problem immediately (phone, visit, etc.). If it is impossible to reach the landlord, or s/he refuses to act, you can carry out the repairs, and either deduct the money from your rent payments, or claim the money back at the Rental Board. You will need to have proof that the repair was urgent (eg. witnesses, photos) and that you tried to contact the landlord, in case the landlord claims you illegally withheld your rent.
• Apartment unfit for habitation (eg. flood, heat cut off during winter): You can abandon your apartment. Within 10 days, you must send a registered letter to the landlord, stating your reason for abandoning. Before abandoning the apartment, make sure you have proof of the condition (witnesses, photos), in case the landlord denies it, and sues you for the rent. For problems involving health and safety you should also call the City of Montreal Inspection Dept. (514-872-3181 or 514-872-2237).

Project Genesis offers free information on many different issues, including housing rights. Services are free and accessible, with no appointment necessary. Call at 514-738-2036 or visit in person at 4735 Cote Ste-Catherine (in front of the metro, on the corner of Victoria street).