Do you live in an RPA and disagree with a change in your lease? Or does the increase in the cost of services seem unjustified? Here's what you need to know.
Your rights
As a tenant in a private seniors’ residence (RPA), you have the same rights and responsibilities as any other tenant. You also have the right to lodge a complaint without fear of being penalized or evicted.
The right to refuse changes to the lease
An RPA owner cannot change the terms of a current lease. Any changes or rent increases must be made at the time of renewal. The residence must first notify you in writing of the changes between three and six months before the end of your annual lease.
It’s good to remember that you can renew your lease but refuse to accept the changes. You have 30 days after receiving the notice to inform the owner in writing.
The owner can then ask the Tribunal administrative du logement (TAL) to set the cost of the rent or change the terms of the lease. If the TAL fails to do so, the conditions of the current lease will be renewed.
Was the building where you live built or used for rental purposes 5 years ago or less? If section F of your lease is completed, you cannot refuse the new conditions or the rent increase. Leases signed after February 20, 2024, must also state the maximum rent amount that can be charged during the five-year period.
The right to terminate a lease
At any time you can terminate a lease early if your state of health or disability requires it. This is the case if you move to an institution (a CHSLD, another RPA) that provides the services required by your condition. You must give two months' notice to the current RPA owner and provide the necessary documents.
An RPA owner who is changing the building's use to residential units must offer you two options:
- Terminate the lease;
- Sign a new lease without interruption, at the same basic rent amount (excluding service charges).
Your recourse
Often, the first step in resolving a problem is to discuss it with the person in charge at your RPA.
Note that Complaints Assistance and Support Centres (CAAPs) can provide you with information and help you with your complaint. Available in all regions of Québec and at 1 877 767-2227, they can assist you with the following:
- Schedule a conciliation meeting with your residence representative with a view to finding common ground;
- Submit your complaint or request to the appropriate appeal body;
- Attend conciliation meetings or appeal hearings with you.
Problems with the lease
Has a clause in your lease or one of your rights as a tenant been breached? You can file an application to the Tribunal administratif du logement, which will settle the matter.
Does the same problem affect several tenants in your residence? In certain situations, you can make a single joint application.
Complaints or reports about services
Are you dissatisfied with the quality of services provided by the RPA? You can file a complaint with the service quality and complaints commissioner of your region’s CISSS or CIUSSS.
Dissatisfied with the commissioner’s answer? Haven’t heard back from the commissioner after 45 days? Contact the Protecteur du citoyen, which is a second level of redress. You can also report any worrisome situation you witnessed within the residence to the Protecteur du citoyen.
Also see:
Private seniors' residence leases: how-to for future tenants
Eviction: can the owner force me out of my apartment?
