Advantages Condo

Who has not heard yet the saying that “no one is supposed to ignore the law”? In most cases ignorance of the law is not an excuse for committing a wrongful act or failing to act, such as the response to a notice when necessary. In reality, however, it is almost impossible to know all the laws that apply in every situation with legal implications. Everyone, however, has his share of responsibility as far as informing himself is concerned.

More than just being a saying, the Interpretation Act of Quebec provides this obligation to its Section 39:
“Everyone is bound to take cognizance of public statutes, but private statutes must be pleaded.”

In the judgments of the Régie du logement, in particular, the judges indicate it regularly. Thus, in a case1, tenants believed that the special clerk set the new rent for a certain period so that, during the subsequent renewal, this increase was no longer relevant. The Tribunal had to explain that the increase set by the Régie was added to the rent payable at the base and constituted the new rent on which was set the increase for the next year.

Non-payment of this increase is therefore a non-payment of rent and could have lead to termination of the lease, which may have important consequences for the tenant.

The judge restated this:

“The Court reminds the parties that ignorance of the law and, more specifically, the impact of the effects of a decision rendered by the Court of the Régie du logement, cannot constitute a means of defense.”

Therefore, failing to respond to a notice on time, which carries a deemed acceptance in some cases, to file a request to the Régie du logement after the deadline through ignorance or negligence, these are not by any means an excuse. Concerning laws pertaining to the lease of a dwelling, the Régie du logement is a government agency that can provide information on the rights and obligations of tenants and landlords. The assistance of a lawyer or a notary may also be useful.