Receiving a rent increase notice at your private seniors’ residence (PSR) can be stressful, especially when you’re not entirely sure what your rights are. The law protects you, and no one can force you to accept unfair conditions without allowing you to challenge them. Here’s everything you need to know about rent increases at your PSR.
The difference between a rent increase and an abusive increase
Not all rent increases are abusive. Quebec law allows a PSR to increase its tenant’s rent at the time of lease renewal, provided it complies with strict rules regarding notice deadlines and the required notice content.
Rent increase notice deadlines
Your PSR must provide you with a written notice within a timeframe that varies depending on the duration of your lease, which should be indicated on your lease agreement:
- For a lease of 12 months or more, the notice must be given 3 to 6 months before the end of the lease.
- For a lease of less than 12 months, the notice must be given 1 to 2 months before the end of the lease.
- For an open-ended lease, the notice must be given 1 to 2 months before the proposed modification.
- For a room only, the notice must be given 10 to 20 days before the end of the lease.
If these deadlines are not met, your lease will automatically renew without any changes to its terms.
Required information in a rent increase notice
A rent increase notice must include the following information:
- The amount or percentage of the rent increase.
- The duration of the lease, if it is being modified.
- Any other proposed modifications, if applicable.
- A reminder that you have one month to refuse the increase or any other proposed modifications.
When does a rent increase become abusive?
A rent increase is considered abusive when it is not justified by the actual residence’s expenses or violates the law.
If you suspect an increase may be abusive, reach out to the Centre d’assistance et d’accompagnement aux plaintes (CAAP) in your region. Call 1-877-767-2227 (toll-free) or visit the CAAP Federation website to find your local CAAP.
Note that some PSRs deliberately fail to inform residents of their right to refuse modifications and remain in their unit. However, it’s one of your fundamental rights. Unless your PSR has been open for five years or less, or is a housing cooperative (in which case, refusing a modification means you will be required to vacate at the end of your lease).
What to do when you receive a rent increase notice?
If you receive a rent increase notice, you have one month to respond in writing, choosing one of three options:
- I accept the lease renewal with its modifications.
- I refuse the proposed modifications and renew my lease.
- I do not renew my lease and will vacate the unit at the end of the lease.
Do not sign anything under pressure. Take the time to read everything carefully before signing your lease renewal with its modifications.
Note that if you do not respond within the one-month deadline, you will be deemed to have accepted the new conditions.
What happens if you refuse the rent increase?
By refusing the proposed modifications and renewing your lease, you retain the right to remain in your unit. Your PSR will then have three options:
- Leave your lease unchanged, under the same conditions.
- Attempt to negotiate an agreement with you.
- Request that the Tribunal administratif du logement (TAL) rule on the lease modification within one month of receiving your refusal. If your PSR does not take this step by that deadline, your lease is renewed without modification.
If you reach an agreement through negotiation, request written confirmation of the new agreement and keep it in your records.
If your PSR brings the matter to the TAL, it will be up to the PSR to demonstrate that the increase is justified, notably by providing documentation of its expenses (taxes, insurance, energy costs, maintenance costs, service fees, etc.).
Important reminder during the TAL rent-setting process
While the TAL sets your new rent amount, you must continue paying your current rent. If the TAL grants an increase, you will be required to repay the difference in a single lump sum, as determined by the TAL’s ruling. As a precaution and to avoid unnecessary financial stress, set aside the amount of the requested increase from the very beginning.
Tips for protecting your rights when you receive a rent increase notice
Receiving a rent increase notice can feel overwhelming, especially when some PSR managers fail to present the three options provided by law or use their own in-house forms that don’t accurately reflect your rights.
To ensure your rights are respected, here are some tips to follow:
- Never sign under pressure. You have one month to respond to a rent increase notice. Take the time to read the documents, ask questions, and consult available resources, if needed.
- Bring someone with you. ACROQ strongly recommends never meeting alone with a manager. Ask a caregiver, a representative from your residence life committee (RLC), or a trusted friend to accompany you.
- Keep written records. Keep a copy of all documents you sign or send, along with proof of receipt.
- Request the TAL’s official forms. Your PSR is required to use the TAL’s official lease renewal forms. If it presents an in-house form, ask to see forms TAL-806A-E (notice of rent increase modification of another condition of the lease) and TAL-810A-E (lessee’s response to a notice of rent increase and modification of another condition of the lease).
- You have the right to stay in your unit, even if you refuse a rent increase (unless your PSR has been open for five years or less, or you live in a housing cooperative).
Remember that no one can force you to accept conditions you find unreasonable without having allowed you to contest them legally.
ACROQ: your ally in defending your rights in a PSR
We are a non-profit organization that exclusively represents residents living in private seniors’ residences (PSRs), their caregivers, and their residence life committees (RLCs). Our mission is to promote a culture of well-treatment, transform life in a PSR into a dynamic and fulfilling stage of life, defend the rights of residents and their caregivers, and fight all forms of mistreatment, whether financial, psychological, or physical.
We are here to advise and support you every step of the way. Do you have questions about your lease or your rent increase, or are you dealing with a difficult situation with your PSR? Don’t hesitate to contact us.
Useful resources on PSR leases
The TAL has published three brochures explaining the rules that apply to PSR leases: