Rent Fixation is a legal process by the Tribunal administratif du logement (TAL) meant to determine or adjust the amount of the rent.
Both tenants and landlords can apply for rent fixation.
The two most common cases are:
After signing the lease when the tenant considers the amount of the rent too high compared to what the previous tenant paid.
When the tenant refuses the increase or the proposed modifications in the renewal notice.
Read sections Signing of Lease and Renewal of Lease respectively for more details.
signing of lease
Question: I just found out that my rent is higher that what the previous tenant paid. What can I do ?
Answer: You can ask the Tribunal administratif du logement (TAL) to have the rent fixed. Read the section Signing of Lease for more details.
renewal of lease
Question: The landlord and I could not agree, however I am forced in the notice to either accept the modifications or move out. What can I do ?
Answer: The renewal notice must offer three options to the tenant, of which:
Read the section Renewal of Lease for more details.
credit check
Question: The landlord wants to do a credit inquiry on me. Can he do that ?
Answer: By consulting your credit report, a landlord wants to make sure that you will be reliable and not cause him any trouble. He needs your consent in order to do so.
Your full name, date of birth, address, and phone number are normally sufficient information to do a credit check. The landlord cannot ask the following information:
access to unit
Question: Can the landlord enter my unit without permission ?
Answer: No, except for an emergency such as a water leak for example. Otherwise, he must warn you 24 hours before. In the case of work not requiring an evacuation, he must warn you at least 10 days ahead. For more details, consult the TAL website.
endorsement
Question: Can the landlord ask for a second signature on the lease as an endorsement ?
Answer: If you are newcomer in Québec, or do not have a spotless track record, or have a bad credit history, or if you once failed to pay your rent in the past, then it is legitimate for the landlord to ask for it to protect himself.
However, he cannot require it for discriminatory reasons for example because of your single-parent family status, your age, your disability, etc.
If you have any questions, comments or suggestions, all are welcome.
APPLICATION FOR RENT FIXATION AFTER SIGNING
If the tenant notices or finds out that his rent is higher than what the previous tenant paid, he can apply to have the rent fixed by the Tribunal administratif du logement (TAL).
Timeframes to comply with:
Before proceeding with the application, consider the following two points:
Take note that a tenant can apply for rent fixation beyond the given deadlines. In that case you will have to convince the judge that you ignored your rights beforehand. Applications over the deadline have been accepted before when made by newcomers to Québec.
It is important to emphasize the reply options available to the tenant when comes the time of lease renewal.
Faced with an excessive increase, or undesirable modifications, many tenants find themselves in a situation where they are forced to either accept or move out, without knowing that they also have the possibility to refuse while renewing the lease.
The three reply optionsto the renewal notice (TAL compliant):
The complete and official reply form is here.
Make sure to always have aproof of sendingwhen communicating officially with the landlord. Registered mail by Canada Post is a secure and affordable way to do so.
Also make sure to meet thedeadline. In the case of a reply to the lease renewal, it must be done within 30 days of receiving the notice.
If you and the landlord could not reach an agreement, we recommend joining your best offer to your refusal reply. Read the section Renewal of Lease for more details.
THE 3 ANSWER CHOICES:
THE PROCEDURE:
Upon receiving the notice, you have 30 days to reply. Failing that, the lease is renewed with the conditions proposed in the notice.
To be valid, the notice must comply with the timeframes mentioned here. For example, for a lease of 12 months or more, the notice must be given within 3 to 6 months before the end of the lease.
If you wish to negociate, whether it is about the increase or the proposed modifications, do it as soon as possible.
If you agree with the increase or the proposed modifications, you don't have to reply; the lease will be renewed with the conditions proposed in the notice once the 30-day period is expired. You can reply out of courtesy or if the landlord asks you to.
If you disagree or could not reach an agreement, we suggest replying no later than the 20th day after receiving the notice. Because what matters in the 30-day timeframe is the date received, not the date sent.
Here are some important considerations before replying in case of a disagreement:
For your reply, use the following form and send it by registered mail. Keep the receipt from Canada Post in a safe place since it is your proof. In case of disagreement, we recommend joining your best offer to your reply. Use a copy of the notice, cross out the proposed figures, and write for example "I accept an increase of $... for a new rent of $...". Date and sign. Keep a copy of everything.
Once the landlord receives your reply, he will have 30 days to ask TAL, if he wishes, to have the rent fixed in case of a refusal.
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Tribunal administratif du logement (TAL)
In Québec, residential tenants have rights. The TAL provides information about the rights and responsibilities of citizens regarding renting. And its main purpose is to settle disputes between tenants and landlords.
All content on our site is in accordance with that of TAL.Right to privacy
The MyRentQC.ca Team
