Bill 31, An Act to amend various legislative provisions as regards housing, is currently being studied in detail by the Committee on Planning and the Public Domain. While discussions are ongoing, several amendments relevant to a private rental housing landlord were discussed.
Here is an overview of the amendments discussed as of November 21, 2023, on what will affect you with the passage of the bill. The Government wants it to be passed before Christmas.
• EVICTION: “The landlord must pay the evicted tenant reasonable moving expenses and compensation equivalent to one month’s rent for each year of uninterrupted tenancy of the dwelling by the tenant, which may not exceed an amount representing 24 months’ rent and not less than an amount representing 3 months’ rent. If the tenant considers that the damage he suffers justifies a higher compensation, he can apply to the Court to have the amount determined.”
• REPOSSESSION AND EVICTION: The adoption of the new Article 34 will indicate that all requests for repossession or eviction sent before the coming into force of the law will not be subject to the new rules concerning compensation mentioned above.
• SUBLETTING FOR MORE THAN 12 MONTHS: “1944.1 Within one month of receipt of the notice under section 1944, the tenant of a dwelling unit sublet for more than 12 months shall notify the landlord of his refusal to terminate the lease or notify the landlord that he is vacating the premises; if he fails to do so, he shall be deemed to have refused to leave the accommodation.”
The Bill also adds to section 1947 the notion that in the event of a sublease of more than 12 months, the landlord may apply to the Administrative Housing Tribunal (TAL) to terminate the lease if the tenant has refused to vacate the premises or failed to respond.
• SUBSTANDARD HOUSING AND COMPENSATION: “He may also, at the tenant’s request, award punitive damages where the dwelling has become unfit for habitation due to the negligence of the landlord.”
• MONETARY JURISDICTION: It will now be possible for the Tribunal administratif du logement (TAL) to hear any request relating to an order or authorization referred to in sections 1863, 1867, 1917 and 1918 of the C.c.Q whose value exceeds the ceiling of the monetary jurisdiction of the Court of Québec, which is currently set at $100,000. On the other hand, if more than one applicant joins, the TAL will have jurisdiction to hear the case if it has jurisdiction to hear each one individually.
Aspects that affect co-ownership
• Section 1070.2, concerning the establishment of a maintenance logbook, will be amended by adding, at the end of the second paragraph, the following sentence: “The standards provided for in the regulations may vary according to the characteristics of a building.”
• The frequency of contingency fund studies will not be mandatory every 5 years for all condominiums. These standards may vary depending on the characteristics of a building. These standards will be set out in a regulation issued by the Government.
During the next consultations, we will have to keep an eye on the amendments on the assignment of leases and those that have been suspended, such as the security deposit for animals.