What to do before signing a lease

Read your lease

Take the time to read your lease before signing to ensure you understand your commitments. The lease sets out your rights and responsibilities as a tenant.

Leases (Éducaloi)                                           

Things to Know Before Signing a Lease (Éducaloi)

Signing a lease without meeting in person (Tribunal administratif du logement)

When You Can’t Take Back Your Offer to Rent (Éducaloi)

You will find, among others, the following sections:

• the amount of the rent (section “D”),
• the duration of the lease (section “C”),
• the list of any furniture or appliances included in the rent (section “B”),
• any work or repairs your landlord commits to do before you move in (section “E”)
• the services included (or not) in your lease (for example electricity, heat, hot water heater, snow removal) (section “E”)

You should pay particular attention to sections “F” and “G”.

Section “F” regarding future rent increases

This section must be completed if the apartment is situated in a new building (five years or less) or if the apartment has been used for rental housing purposes for five years or less.

The landlord must indicate the maximum rent they will charge you in the coming years. This can help you prepare for potential future rent increases. Note that if the landlord does not indicate a maximum rent, you could contest future rent increase requests.

Section “G” to avoid an excessive rent increase compared to the previous tenant

If section “F” does not apply, section “G” must be completed.

In this section, the landlord must indicate the lowest rent paid during the last 12 months. This enables you to compare the rent paid by the previous tenant with the rent the landlord is asking you to pay.

You can apply to the TAL to reduce your rent in the following situations:

• you feel the difference between your rent and that indicated in section “G” is too high.
• your landlord has provided false information in section “G”.
• your landlord did not complete section “G”.

You can make this application once the lease is signed. At that point, the landlord has committed to renting you the apartment.

Section “G” of Your Lease: A Watchdog Against Excessive Rent Increases (Éducaloi)

Rental registry (Rental registry)

Read the building regulations

The landlord must give you a document with the building regulations (sometimes called “by-laws”). These regulations provide the rules concerning maintenance and use of the apartment as well as the rules for getting along with neighbours. They may contain certain restrictions, such as a prohibition on smoking or having pets.

Read the building regulations carefully, as they form a part of your lease. In other words, by signing the lease you are also committing to respect the rules set out in these regulations.

Some buildings do not have building regulations. If that is the case for your building, you will not receive such a document.

Cannabis (Tribunal administratif du logement)

Pets: What are your rights as a tenant?

Watch out for illegal clauses

Your lease, or the building regulations, may contain illegal clauses. Such clauses have no legal effect, even if you “accepted” them by signing the lease.

Some examples are clauses that:

• require a security deposit to cover possible damage to the apartment,
• limit a landlord’s responsibility toward the tenants, or remove the landlord’s responsibility entirely,
• provide for an adjustment of rent during the term of the lease, if your lease is 12 months or less,
• provide for an excessively harsh penalty if you are late paying your rent.

Apartment Hunters: Beware of Illegal Lease Clauses (Éducaloi)

Your Apartment: No Deposit!
Source : Éducaloi

Leases (Éducaloi)