Rental Increase Notice and other Procedures

Article locked Published on by Me Robert Soucy

Topic(s): Legal

Source: Messier, Soucy, Avocats

Rental Increase Notice and other Procedures

A lease, at its term, is renewed according to the same conditions for the same duration. However, if the duration of the lease exceeds twelve (12) months, the lease is extended for another twelve (12) months. A 14-month lease will renew for a 12-month period. A lease under 12 months is renewable automatically for the same duration as the original lease. A nine-month lease will renew itself at the end of a nine-month period.

Departure of tenant

When the tenant has not received a lease modification, he/she can end his/her lease by giving a departure notice between 3 and 6 months before the end of the lease. If the lease is for less than 12 months, the tenant must send his/her departure notice between one or two months prior to the term date of his lease. If the lease is for a period from November 1, 2006 to June 30, 2007, the tenant must inform the landlord of his intent to leave the unit between May 1 and May 31, 2007.

A verbal lease, accompanied with one month’s rent, is considered by jurisprudence as an unlimited duration lease. To end this type of lease, the tenant must give the landlord a departure notice of at least one month, but at the very most two months.

The rent increase notice

A landlord who wishes to increase the rent must give the tenant a three-month written notice, but no more than six months before the lease ends. If the lease duration is less than twelve months, the notice must be given one month in advance and not more than two months before the lease ends.

If the lease has an undetermined end, the landlord can give the notice to the tenant at least one month but not more than two months.

Compulsory mention

A rent increase notice must indicate in dollars the new proposed rent amount or the percentage of the rent currently being paid.

The notice must also show the proposed duration of the lease and modifications, and the delay given to the tenant to refuse the proposed increase.

The landlord must act within the delay stipulated by Law to meet his obligation. For leases beginning July 1, 2007 and ending June 30, 2008, the landlord must also send his notice by registered mail before March 31, 2007. The date of the sent letter prevails.

The notice may be hand-delivered to the tenant with proof of signature upon acceptance. The notice can also be given in the presence of two witnesses, and it is not necessary to obtain the tenant’s signature.

However, the delivery of the notice by bailiff is also valid if the bailiff personally delivers the notice to the tenant, or someone else in charge of the tenant’s dwelling. Jurisprudence does not consider the notice to be delivered if it is placed by the bailiff under the unit’s door or in the mailbox.

Right not to renew a lease

A landlord may, if the tenant has sub-let the unit for more than 12 months, avoid extending the lease if he/she advises the tenant of his/her intention to end the lease and under the same conditions as if he/she requested a rent increase.

A landlord can act this way also if the tenant has passed away and that no-one lives(d) with him/her when he/she passed away to avoid extension of the lease by the successor or estate liquidator.

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