Specific rights of the lessee in a residential lease
The rights and obligations of the lessor described in the section on commercial leasing also apply to residential leasing. However, there are some specific rights for lessees in residential leases.
Review of documents by the lessee of a divided co-ownership property
In the case of a lease in an immovable held in divided co-ownership, the broker must ensure that the lessee has reviewed the declaration of co-ownership, the by-laws of the immovable and any amendments thereto. Section 6 of the form Promise to lease – Residential (PDF) deals with this aspect.
For more information, refer to the Professional practices guide – Divided co-ownership.
Senior lessees
The Act to limit lessors' right of eviction and to enhance the protection of senior lessees prohibits the eviction of an elderly lessee who meets the following criteria:
- is 65 years of age or older;
- has resided in the dwelling for at least 10 years;
- has an income that does not exceed 125% of the income required to qualify for low-rental housing.
► DUTIES AND OBLIGATIONS OF THE BROKER
Certain exceptions apply, and are described in the Act. The broker must ensure that he is aware of the conditions that apply to senior lessees in order to comply with his professional obligations.
Cannabis and residential leasing
In Québec, it is prohibited to possess or grow cannabis for personal use.1 An exception exists where growing is for medical purposes.
Lessors who wish to add a clause to their existing leases prohibiting their lessees from using cannabis on the premises must do so in the same manner and within the same time frame as any other amendment they make to their leases. The legal way to amend a lease is described on the website of the Tribunal administratif du logement. For example, for a lease of 12 months or more, the lessor must send the notice between three and six months before the end of the lease. The lessor can include a clause prohibiting the use of cannabis when signing any new lease.
1 S. 5 and 10 of the Cannabis Regulation Act (CQLR, c. C-5.3), Murray-Hall vs. Québec (Attorney General) 2023 CSC 10
► DUTIES AND OBLIGATIONS OF THE BROKER
The broker must verify the provisions relating to cannabis in leases, especially when it comes to growing for medical purposes.
The leasing of a dwelling located in a divided co-ownership property also requires additional verifications.
Read the article Cannabis: What you need to know for more information.
Occupancy of the premises
Unless there is an express clause to that effect in the lease, the lessee is not obliged to occupy the unit continuously. However, the lessee is required to reasonably monitor the condition of the dwelling and to remain available to allow access to the lessor.
