Obligations of the lessor and procedures for the signing of the lease
The lessor’s obligations described in the commercial leasing section also apply to residential leasing.
In residential leasing, the lessor also warrants that the municipal zoning and other applicable rules allow for the unit to be leased for residential purposes. Consequently, if the residential leasing were found to be in violation of the applicable regulations, the lessor would be liable to the lessee. The lessor could be required to reimburse the lessee for any damages suffered.
However, the signing of the lease includes its own specific procedures:
- Before the signing of the lease, give the lessee a copy of the by-laws of the immovable which contain the rules for the enjoyment, use and maintenance of the premises (for example, the by-laws may state that pets are not allowed).1
- Within 10 days after signing the lease, give the lessee a copy of the lease.2
- Where the lease is renewed, give a writing evidencing the modifications to the lessee before the beginning of the renewal (for example a rent increase).3
- In the case of a verbal lease,4 within 10 days give the lessee a form entitled “Mandatory writing”5
- Give a notice to the new lessee indicating the lowest rent paid in the 12 months preceding the beginning of the lease.6 Note that the new lessee may contest the content of this notice, i.e. the amount of the last rent.
- Draw up the lease in French, unless the parties wish to have it drawn up in another language.7
- A lessor may not refuse to enter into a lease with a person or to maintain a person’s rights, or impose more onerous conditions on the person for the sole reason that the person is pregnant or has one or several children (except if the refusal is warranted by the size of the dwelling);8 nor can he harass a lessee in such a manner as to limit his right to peaceable enjoyment of the premises or to induce him to leave the dwelling.9 The lessor could be liable for punitive damages if either of these provisions is violated.10
1 Art. 1894 (1) C.C.Q.
2 Art. 1895 (1) C.C.Q.
3 Art. 1895 (2) C.C.Q.
4 Art. 1895 (1) C.C.Q.
5 Regulation respecting mandatory lease forms and the particulars of a notice to a new lessee, CQLR c R-8.1, r 3, s. 3.
6 Art. 1896 (1) C.C.Q..
7 Art. 1897 C.C.Q.
8 Art. 1899 (1) C.C.Q.
9 Art. 1902 (1) C.C.Q.
10 Art. 1902 (2) C.C.Q.
