Real Estate Talk:
Income property / 9
A look at the Régie du logement
By Joseph Marovitch
When living in close proximity to one another, people do not always agree or get along. Conflicts between tenants and landlords can arise and escalate. Therefore, the Provincial Government created the Régie du logement to regulate residential leasing. The Régie has a two-tier mandate; providing the tenants and landlords information regarding their rights and obligations and recourse in the event either party does not fulfil their obligations or infringes one another’s rights. The Régie holds exclusive jurisdiction and is the same as a judicial court.
Conflicts between tenants and landlords can arise and escalate. Therefore, the Provincial Government created the Régie du logement to regulate residential leasing.
The mission of the Régie du logement is to both avoid conflicts between landlords and tenants via conciliation, and insure peaceful co-habitation by insuring rights are adhered to and the physical premises are clean and liveable.
The Régie has jurisdiction in:
- Rent increases
- Lease renewals
- Rent fixing
- Repossession by the landlord
- Division of the premises
- Change of use such as converting to condos
- Sale of an income property
There is much more the Régie is responsible for however. The Régie intervenes when there is a file opened and a complaint registered. The Régie does not randomly come around to check how everything is.
‘The Régie intervenes when there is a file opened and a complaint registered.’
The Régie is not responsible for vacation rentals or leases that are less then 12 months long. Decisions rendered by the Régie can be appealed with the permission of a Judge of the Court of Quebec except for recovery of debt of $15,000 or less, authorization to deposit rent and applications regarding the conservation of rental units.
Landlords Protocol regarding the Régie
There are many instances where the Landlord would open a file with the Régie such as unpaid rent, destruction of the unit by the tenant, disturbances by the one tenant to another, not maintaining the unit to the point where it is unsanitary and so on. In an instance where the tenant is not adhering to the rules and obligations of the lease, the landlord’s procedure would be as follows:
- In writing, inform the tenant of the problem and provide a solution with a time frame
- Contact the Régie and open a file indicating the unresolved issue
- Provide to the tenant a registered letter indicating the problem with a date by which the issue must be resolved
- Register a complaint in the Régie du logement file at which point the Régie will then render a judgement with a final resolution that can either provide a solution or cancel the lease.
Tenants Protocol regarding the Régie
There are many instances where the tenant would open a file with the Régie. Examples are: rent increased that are not acceptable; problems with the unit that are not the fault of the tenant but the landlord is not resolving in a reasonable period; tenant neighbours that are disturbing other tenants. Any issue where the tenants have informed the Landlord of the problem but have not found a solution can be a reason to contact the Régie and open a file.
‘Any issue where the tenants have informed the Landlord of the problem but have not found a solution can be a reason to contact the Régie and open a file.’
The procedure to follow is the same as that of the Landlord:
- Inform the landlord, in writing, of the problem first
- Contact the Régie and open a file if no resolution is found
- Provide a registered letter to the landlord requesting a solution within a reasonable time
- Register a complaint with the Régie following which the Régie will render a judgment demanding a specific resolution such as a repair, upgrade, rent reduction or even compensation, depending on what the issue is.
For more information regarding the Régie du logement you can refer to rdl.gouv.qc.ca/en
Next week’s topic: Legal Cannabis – How it affects income properties and resale of individual residential homes
Should you have questions or require further details, please feel free to contact me.
Have a great week.
State of the market
Last issue we discussed the trend towards singles, couples and retirees purchasing condos in the downtown core and that there is a need to plan for more retirement homes that are reasonably priced and offer excellent services and facilities. The other end of the issue us what is occurring in the Suburbs. Detached and semi-detached homes in Montreal are in short supply and therefore prices are rising. Lower priced condos are in demand and those prices are rising.
What about families with children still living at home? Circumstances in the market have led to families with children searching for homes in Suburbs of Montreal such as Ville Saint-Laurent, Dollard-des-Ormeaux, Kirkland, Vaudreuil-Dorion, Laval and Lachine. As the demand rises, so too are the prices in these areas. For those living in suburbs with children that have moved out or will soon, this would be a good time to sell.
Read also: Real Estate Talk: Income Property / 8
Joseph Marovitch has worked in the service industry for over 30 years. His first career was working with families from Westmount and surrounding areas, hosting children between the ages of 6 to 16 as the owner and director of Camp Maromac, a sports and arts sleep away summer camp established in 1968. Using the same strengths caring for the families, such as reliability, integrity, honesty and a deep sense of protecting the interests of those he is responsible to, Joseph applies this to his present real estate broker career. Should you have questions please feel free to contact Joseph Marovitch at 514 825-8771, or email@example.com