What should you do when you receive a notice indicating that the conditions of your lease or the price of your housing will change at the next renewal? It is essential to know if your landlord respects the law. Some private seniors’ residences (PSRs) sometimes use “in‑house adjustments” that are not entirely compliant.
Note, however, an important exception: if your residence was built within the past 5 years, a special rule applies. If Section F of your lease has been duly completed by the owner, you do not have the right to refuse a modification while remaining in your dwelling. In this specific case, a refusal of the new conditions would force you to leave your home at the end of the lease.
At ACROQ, we want you to know your rights as PSR tenants so you can avoid unpleasant surprises.
What to do upon receiving a notice of rent increase?
The landlord must send you a written notice within specific timeframes, generally three to six months before the end of a 12‑month lease. Once this notice is received, you have 30 days to respond in writing.
Your right of refusal: a strategic third option that is often overlooked
For private seniors’ residences (PSRs) that have been open for more than 5 years, the law offers you a strategic third option: refuse the requested modifications while renewing your lease.
This has two major advantages:
- You retain your right to remain in your home (right to maintain occupancy).
- The owner must take responsibility for requesting an official rent setting from the TAL if no agreement is reached within the month following your refusal.
Important note: By opting for this refusal, the lease is renewed by law. It is then up to the landlord to demonstrate to the TAL that their modifications are justified.
Consult our brief on housing and rent setting (in French) >
The TAL rent calculation tool: checking the fairness of the increase
To find out if the increase requested by your residence is reasonable, you can use the TAL rent calculation tool. This simulator is based on the rent setting method established by the government, which takes several criteria into account:
- Municipal and school taxes are paid by the residents.
- The building’s insurance premiums.
- Energy costs (electricity, gas, heating oil).
- Major repair and improvement work carried out.
- Operating and management expenses.
It is important to note that government subsidies received by the residence (notably during the pandemic) must be considered as income and cannot be billed to residents.
How to contest a PSR rent increase at the Tribunal administratif du logement?
If you refuse the increase, it is up to the landlord to take the necessary steps. They may negotiate with you to reach an agreement. During these meetings, be accompanied by someone. The landlord has one month from receipt of your refusal to open a PSR rent‑setting file with the TAL. If this step is not taken within the prescribed timeframe, your lease will automatically renew at the same price and on the same terms as the previous year.
Following your refusal, the monthly collection of your rent will remain unchanged until the TAL renders its judgment. Caution! It is important to set aside the amounts corresponding to the requested increases because, following the TAL judgment, you will have 30 days to pay the balance due to the PSR. For example, if the granted increase is $75 per month and the judgment is entered after 10 months, you will have to pay $750 in arrears, and your new rent will be adjusted to $75.
The RN form and mandatory supporting documents
During the official procedure at the TAL, the landlord must complete the RN form for the period in effect. They are obligated to provide a copy to the tenant. During the hearing, which can sometimes take place more than 12 months after the request, the residence must justify every piece of data entered (invoices, tax receipts, etc.).
Financial consequences of a rent setting judgment
While you wait for the Tribunal’s decision, you continue to pay your old rent. However, be vigilant: if the judge grants an increase (even if it is lower than the initial request), the judgment is retroactive. This means you will have to repay the difference accumulated since the renewal began in a single payment.
Expert tip
We strongly recommend that you set aside the sum corresponding to the requested increase each month. This way, you will have the necessary funds if the judgment requires you to pay rent arrears.
Need help with your steps?
You are not alone in facing these complex procedures. If you experience intimidation or pressure, never meet with your manager alone. Be accompanied by a loved one, a witness, or a representative from your residence life committee (RLC).
For personalized, free assistance, contact the Complaint Assistance and Advocacy Centre (CAAP) in your region at 1‑877‑767‑2227.