What is Régie du Logement?

Article locked Published on by Me Robert Soucy

Topic(s): Legal

Source: Messier Soucy Avocat

What is Régie du Logement?
The housing lease is governed by the Civil Code of Quebec and the Act respecting the Régie du logement. Much of this legislation is public. We can therefore not deviate from these rules by a clause in the lease or otherwise. We find these rules contained in the mandatory stipulations of the housing lease. The form of the lease issued by the government is mandatory.

The role of the Régie du logement

The Régie is a specialized court invested with the task to implement legislation in the residential housing domain. During its mission, the Régie du logement renders decisions on disputes that are submitted to it. It educates landlords and tenants on the rights and obligations emanating from the lease. It must also promote reconciliation between landlords and tenants.

The jurisdiction of the Régie du logement

As a court, the Régie decides in the first instance, to the exclusion of any other court of litigation on the following points:

1. when the amount claimed, the value of the matter claimed is less than $ 70,000.

2. when, regardless of the amount involved, the request refers to the renewal of the lease, the setting of the rent, repossession of the housing, subdivision, expansion or change of use of a housing.

One must turn to the Régie for the demolition of a property when there is no municipal bylaw, for the alienation of immovable property forming part of a property complex or to convert a building into a condominium when the law allows it.

Field of application

Rental domain legislation applies to all premises rented for residential purposes such as an apartment, a rented house, a rented condo unit, a rented room, a mobile home on a chassis or even to low-rent housing. This legislation also applies to services included in the lease: a laundry room, meals, nursing. It applies to the lease accessories and dependencies, for instance, a garage or parking area or even to the refrigerator or air conditioner of a housing. However, the legislation does not apply to a residence leased for resort, a cottage among others. It does not apply to a housing of which more than a third of the total surface is used for other than residential or business premises.

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