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Contestation of the rent by the lessee

A lessee who wishes to contest the rent stated in the notice indicating the lowest rent paid in the 12 months preceding the beginning of the lease may do so:

  • If the written notice is given at the signing of the lase;
  • If the notice has not been given;
  • If the written notice has been given by the lessor but is a misrepresentation.

The lessee must respect the following timelines for contestation1 before the Tribunal administratif du logement:

  • Ten days from the signing of the lease;
  • Two months from the beginning of the lease;
  • Two months after becoming aware of the misrepresentation.

 

► DUTIES AND OBLIGATIONS OF THE BROKER
 

Have your services as a broker been retained by the lessor to lease a dwelling? You will need to ask the lessor the amount of rent last paid in order to meet your verification obligation. This information appears on the lease form.

Under article 1896 of the Civil Code of Québec, the lessor is not obligated to disclose to the lessee the lowest rent paid in the 12 months preceding the beginning of the lease in the following cases:

  • A dwelling located in a housing cooperative of which the lessee is a member;2
  • A dwelling located in an immovable built within the last five years;3
  • An immovable used for leasing as a result of a change of destination within the last five years;4
  • A low-income dwelling.5

 

1 Art. 1950 C.C.Q
2 Art. 1955 (1) C.C.Q.
3 Art. 1955 (2) C.C.Q.
4 Ibid.
5 Art. 1956 C.C.Q.

 

Last updated on: December 16, 2022
Reference number: 264751