Rental Board Law

The Rental Board Law is governed by the Civil Code but also by the various regulations of the Régie du logement. The Régie du logement has exclusive jurisdiction to hear any dispute relating to a residential lease.

The Court has jurisdiction in case of:

• Fixing the rent
• Renewal and modification of lease
• Repossession of a dwelling and eviction
• Change the form or destination of the leased property
• Subdivision and enlargement of a dwelling
• Demolition of a dwelling
• Special Provisions of a low-rental housing lease
• Conversion into divided co-ownership
• Alienation of a building located in a real estate complex

The proceedings before the Régie du logement

Filling an application

In the event of a dispute between a landlord and a tenant, an application must be filed with the Régie du logement.

The landlord or the tenant must be used application form provided by the Régie du logement. The application may be filed online, by mail or at the offices of the Régie du logement.

Once the application has been filed, this request must be notified to the other party. This means that the plaintiff must inform all the other parties to the proceeding . The notification can be made: by hand (person to person), by registered mail or by bailiff.

After the application has been filed, the Master of Rolls examines each application. The parties must wait to receive a hearing date. Some disputes considered urgent or priority will have a hearing date very quickly, namely, the eviction of the tenant, the assignment of the lease, the orders of performance of a part of the lease and the termination of the lease for a reason other as non-payment of rent

Notice of hearing

Notice of a hearing is sent a few days before the date of the hearing. The parties must prepare to present their evidence and argument to commissioner.

Agreement before the hearing

It is always possible to reach a settlement at any time before the hearing. The case will be closed.

The hearing

The place of the hearing is where the dwelling is located. Each party will present its evidence and arguments to the commissioner.

The evidence groups:

• The proof of notification to the adverse party
• The leases
• Documents relevant to the dispute such as the letter of formal notice, notices received, invoices, photographs, correspondances etc

Each party may also present its evidence by testimony. In order to ensure the presence of a witness, it is essential to send them a subpoena issued by a commissioner of the Régie du logement . The supboena is a notice to appear before the Court. This notice must be authorized by the court. It is also possible to proceed by written testimony if the opposing party consents.

The plaintiff is the first to present its evidence and arguments. As a result, the plaintiff may be cross-examined by the defendant. The defendant then presents its evidence and arguments. In turn, the defendant may be cross-examined by the plaintiff.

The verdict

Once the hearing is over, the judge will analyze the evidence submitted by the parties and render its verdict. The parties will receive by mail a copy of their verdict.