You rent your condo? Attention to the time to send your Notice

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14 March 2013
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The delays to change a lease

1. Fixed lease of one (1) year or more:
The notice must be given within a period of three (3) to six (6) months.
Example: a one-year lease from 1 July 2012 to 30 June 2013. The notice of modification must be sent between 1 January 2013 and 31 March 2013.

2. A fixed lease of less than a year:
The notice must be given within a period of one to two months.
Example: Lease of nine months from 1 October 2012 to 30 June 2013. The notice of modification must be given between 1 May 2013 and 31 May 2013.

3. Oral lease for an indefinite period:
The notice must be given one month before and not more than two months before.
Example: oral lease, desired increase for September 1, 2013. The notice must be given between 1 July and 31 July 2013.
If an increase is scheduled for July 1, 2013, between 1 May and 31 May 2013.

Different ways to forward a notice of modification

1. Registered mail
2. Delivery of hand-to-hand with acknowledgment
3. Delivery of hand-to-hand with a witness
4. Delivery by the manager with acknowledgment
5. Delivery by bailiff given to a reasonable person: invalidity of delivery under the door or in the mailbox.


Time at the disposal of the tenant to respond to the notice

1. Verification of receipt of the notice on the Canada Post website
2. One month of the receipt to refuse
3. One month of the receipt to notify the landlord of one’s intention to leave.


Time at the disposal of the landlord to ask for setting of the rent

1. The landlord must apply to the Court within one month of receipt of the notice of refusal to set the rent.
2. If the landlord fails to make a request for a setting of the rent to the Régie du logement, the lease is automatically renewed with no increase in rent.

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