In the context of a housing lease the modification of the lease is possible and regulated by several rules provided for in the Civil Code of Quebec. One of them, provided for in section 1943 of the Civil Code of Quebec concerns the mandatory content of the notice.
« 1943. In every notice of modification increasing the rent, an indication shall be made of the proposed new rent in dollars or of the increase expressed in dollars or as a percentage of the current rent. The increase may be expressed as a percentage of the rent that will be determined by the court, where an application to have the rent fixed or reviewed has already been filed.
The notice shall, in addition, indicate the proposed term of the lease, if the lessor proposes to modify the term, and the time granted to the lessee to refuse the proposed modification. »
The tenants complain about another neighbouring tenant making disturbing, repetitive, daily noise, which interferes with their peaceful enjoyment of the rented premises. The disturbing couple moved into their housing above the plaintiffs' in May 2014 with their 2½ year old child. The tenants below report the various noises that disturb the peaceful enjoyment of their housing, which are linked to the couple's young child, which cries, weeps at night, runs from one end of the housing to the other, jumps up and down repeatedly, throws objects around or causes them to drag on the floor to the point of making the chandeliers below tremble. The child has advanced in age since arriving in the housing in 2014, and so it is becoming more active and noisier than before.
With the general increase in the cost of living and the tax increases of the various levels of government, the profit margin of the owners is becoming less and less important.
In this context, the increase in rent is an essential mechanism that the owner should know in its smallest details.
Here are some tips for your 2019 increase.
First of all, in Québec it is generally thought that the first and foremost obligation of a tenant is to pay his rent, and the Régie du logement assigns therefore a certain priority to the procedure of evicting a tenant who has not paid his rent and who still remains on the premises. Indeed, Section 1971 of the Civil Code of Québec allows the owner to file a request for termination of lease for non-payment of rent if the tenant is late for more than 3 weeks. The landlord does not, in principle, have the obligation to send a formal notice to the tenant prior to the filing of the request. Indeed, the tenant is automatically in default by the sole effect of the law.
Owners of multi-unit buildings who deal with criminal acts, erratic, disturbing or violent behaviour, vandalism or theft in their buildings may decide to have surveillance cameras installed as a security measure. The following question should be asked then: what are the criteria and guidelines that make such means acceptable to the residents' right to privacy? The jurisprudence of the Régie du logement sets out some criteria that require your attention.