Real Estate Talk:
Income property / 10
A look at the Tribunal administratif du logement
By Joseph Marovitch
Updated October 19, 2022
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 Tribunal administratif du logement or TAL (formerly the Régie du logement) to regulate residential leasing.
The TAL has a two-tier mandate:
- providing the tenants and landlords with information regarding their rights and obligations
- providing recourse in the event either party does not fulfil their obligations or infringes one another’s rights
The TAL 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 Tribunal administratif du logement to regulate residential leasing.
The mission of the TAL is to both avoid conflicts between landlords and tenants via conciliation and ensure peaceful co-habitation by making sure rights are adhered to and the physical premises are clean and liveable.
The TAL 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 TAL is responsible for, however, the TAL intervenes when a file is opened and a complaint is registered. The TAL does not randomly check income properties.
‘The TAL intervenes when a file is opened and a complaint registered.’
The TAL is not responsible for vacation rentals. Decisions rendered by the TAL 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.
Landlord’s protocol regarding the TAL
There are many instances where the landlord would open a file with the TAL, such as unpaid rent, destruction of the unit by the tenant, disturbances by 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 within a time frame
- Contact the TAL 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 TAL file at which point the TAL will then render a judgement with a final resolution that can either provide a solution or cancel the lease.
Tenant’s protocol regarding the TAL
There are many instances where the tenant would open a file with the TAL. Examples are: rent increases 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 TAL 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 TAL 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 TAL 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 TAL following which the TAL 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 Tribunal administratif du logement you can refer to tal.gouv.qc.ca/en or contact the Tribunal administratif du logement at 514 873-2245 or 1-800-683-2245
Should you have questions or comments, please refer to the comments section at the bottom of the page. As well, to view past articles, click here.
Next article: Pros and cons of selling during the holidays
State of the market
CPI 6.9% – TD 5-year fixed closed rate 5.54%
Interest hikes are having a marked effect on the consumer price index. The Bank of Canada announced that the inflation rate has dropped to 6.9% from 8.1% two weeks ago. The inflation rate is still not low enough to alleviate consumer prices therefore we will see further interest rate hikes. The price of gasoline has dropped, however, food prices continue to rise due to the environment, war, and a slow supply chain.
‘The Bank of Canada announced that the inflation rate has dropped to 6.9% from 8.1% two weeks ago.’
Real estate prices and sales continue to recede as rates rise but interest rates and inflation increase the carrying costs for a property. A buyer’s best bet is to buy with as high a down payment as possible and a two-year mortgage, then wait for inflation and rates to come down over the next two years.
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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 for, 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