APQ: A new lease form has been adopted, but when can we expect a reform of the rental law?
Montreal, November 26, 2014 ---- The draft regulation amending the Regulation respecting mandatory lease forms and the particulars of a notice to a new lessee will enter into force on 24 February 2015. A number of recommendations that the Association of Quebec Landlords (APQ) had made have been included in this lease form, although we continue our initiative with the Government. The APQ is pleased to see in the new lease form the solidarity clause between tenants which allows to hold responsible each one of the tenants for the entire amount due whereas before the owners had to think about adding this clause to protect themselves. In addition, e-mail addresses are inserted in order to update the details of the parties with the common modes of communication.
However, the lease section to maintain the price of rents should be abolished altogether. Indeed, the APQ considers it necessary to let the market control the rental price of a dwelling following the departure of a tenant: “It is simply outrageous to see that the Government maintains its position on control of the rental price of a dwelling even when the tenant has put an end to the lease,” concludes Martin Messier, President of the APQ.
Among the changes that the APQ would have liked to see adopted we find, in particular, the following proposals:
-Addition of a section on the prohibition of smoking in the dwelling: to clarify this important agreement concerning the use of the dwelling;
-Right of first refusal in case of transfer: so that the parties can agree that, if the tenant wants to assign his lease, the owner may decide to terminate the lease in order to re-let it himself;
-Clause of lease surety that would indicate that the security is maintained during the renewal of the lease. Although the APQ provides a separate form for arriving at the same result, the inclusion would be simpler and would remove ambiguities for all;
-Changing the lease format so that it be in letter format rather than legal size and add space for additional clauses;
-Make the lease available free of charge on the website of the Régie du logement.
The APQ will continue to make its claims heard in a dynamic way, particularly in respect of safety deposits and a comprehensive reform of laws and regulations affecting residential renting.
The APQ is available for all interview requests and was also present at the “Montréal Housing Outlook Conference 2014” organized by the CMHC at the Palais des Congrès in Montreal this November 26, 2014.
Founded in 1984, the Association of Quebec Landlords (APQ) is the most important association to offer services to rental property owners. It has been serving the owners of all the regions of Quebec for over 30 years. In addition to offering, as much to duplex or triplex owners as to property managers, an assessment service on tenants which is unique in Quebec.