The Association of Quebec Landlords (APQ) wishes to remind the owners of rental residences to verify the duration and the expiration date of their current leases because the great majority of the leases last one year, finishing on June 30. Thus there remain only 2 days for you to send the notice of renewal of the lease to your tenants, should that be your case.
In general, the owner forwards a written notice to the tenant whose rent he wishes to increase. In the absence of a notice from the owner the lease is renewed at the same conditions for the same duration if the lease covers 12 months or less.
The delay for the sending of a notice of modification to the lease varies according to the duration of the lease:
1. For a lease at a given duration of one (1) year or more:
a) The notice must be delivered within a delay of three (3) to six (6) months before the end of
the lease.
b) Example: for a one-year lease, from July 1, 2011 to June 30, 2012.
c) The notice of modification must be forwarded between January 1, 2012 and March 31,
2012.
2. For a lease at a given duration of less than one year:
a) The notice must be delivered within a delay of one to two months before the end of the
lease.
b) Example: for a 9-month lease, from October 1 to June 30, 2012.
c) The notice of modification must be forwarded between May 1, 2012 and May 31, 2012.
3. For a verbal lease at an unspecified duration:
a) The notice must be delivered one month before and not more than two months before.
b) Example: verbal lease, increase wanted on September 1, 2012.
c) The notice must be delivered between July 1 and July 31, 2012.
d) If an increase is planned for July 1, 2012, between May 1 and May 31, 2012.
The tenant may give an answer to the notice within the month which follows its reception. In the absence of a response within the one-month delay the lease is renewed at the conditions mentioned in the notice.
It is also important to remind that by this sending of the notice of increase in rent it is not necessary to sign a new lease. Indeed, as all the other conditions of the lease remain unchanged, it is enough to preserve the notice of modification with the lease and with the proof of reception of the notice by the tenant. Only the modifications envisaged in the notice are changed.
In the process of the renting of vacant residences it is important to be ensured of the solvency and the behaviour of the candidates for the renting of a housing because the owner must guarantee the tenants of the building that they will be able to live in all tranquility in their housing.
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