Advice from our lawyers in Québec City, Lévis and Montmagny in housing law: always use the mandatory written lease form prescribed by the Régie du logement.
The Régie du logement (Quebec’s rental board) is a body that hears, to the exclusion of any other court, disputes between a lessor and a lessee regarding the performance or interpretation of a residential lease.
Under section 28 of the Act respecting the Régie du logement, this tribunal has jurisdiction to hear, among other things, all applications relating to a lease of a dwelling when the amount claimed or the value of the thing claimed does not exceed $70,000.
The courts have ruled many times on the scope of section 28 of the Act respecting the Régie du logement and, in doing so, have given the term “relating to a lease” a broad interpretation that covers all aspects of the lease. In Renaud c. Ouellet, 2008 QCCQ 2605, however, the judge stated that, when it comes to damages, a claim before the Régie du logement must be contractual, not extra-contractual, in order to be admissible. The Court of Québec also noted that the case law tends to broaden the definition of contractual non-performance.
The Régie du logement will therefore hear at first instance any case relating to:
- the fixing of the rent;
- the renewal or modification of the lease;
- conversion to divided co-ownership (condo);
- the repossession of a dwelling or the eviction of tenants;
- a change in the use of the dwelling;
- the subdivision or enlargement of the dwelling;
- etc.
Note: The information above is general in nature and does not constitute legal advice. For advice on your particular legal situation, feel free to contact one of our lawyers in Québec City or Lévis.
