New draft regulation modifying lease forms
On July 21, 2021, a draft regulation amending the Regulation respecting mandatory lease forms and the particulars of a notice to a new lessee was published in the Gazette officielle du Québec.
When it comes into force, this draft regulation will have the effect of incorporating into the various mandatory lease forms the latest legislative changes adopted in recent years, such as:
provide for the key points to be disclosed to a new tenant, such as changes between the new lease and the previous lease and the amount of the last rent paid, following the amendment of article 1896 of the Civil Code of Quebec since December 11 2019 (except for the leases of of a dwelling in a housing cooperative, in a low-rental housing or in a building built for less than 5 years);
better inform the tenant of his rights and obligations with regard to repossession of his home and eviction if he is 70 years of age or over, has occupied the home for at least 10 years and has an income equal to or less than the maximum income for him making it possible to be eligible for low-rental housing;
highlight the protection granted by the Charter of human rights and freedoms with regard to any discrimination based on gender identity or expression ;
improving the form and content of mandatory lease forms to make them more user-friendly.
Note the addition of a new form (appendix 4 of this draft regulation) aimed at cooperatives operating a private seniors' residence. Established under the model of solidarity cooperative, a model born in 1997, we can count about fifteen cooperatives of this kind in Quebec: their success is promising and it will experience a certain boom due to its many advantages and the growing needs of the aging tenants’ population. The form of lease dedicated to these senior tenants, often in a situation of disability or reduced mobility, will precisely indicate the necessary services concluded and offered in the lease.
Also, the mandatory lease form for housing cooperatives (Appendix 8) is revised and its presentation is more detailed and more user-friendly.
This draft regulation is in force since March 2022.
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