La loi vos droits

Tenants

Hearings at the Régie du logement

You’ve filed an application with the Régie du logement, but you don’t know how to notify the opposing party, what to bring to the hearing, or how the hearing will unfold. You also don't know whether you should have a lawyer with you.

In this Infosheet, Éducaloi explains various aspects of hearings before the Régie du logement.

What does it mean to serve the application?

• Definition

When you file an application with the Régie du logement, you must notify the defendant (opposing party). Serving the application means sending it to the other party so that he is aware of the reasons for your application and can prepare for the hearing.

• Who is responsible for serving the application?

It is the applicant’s responsibility to serve the defendant with the application. The applicant can be either a tenant or a landlord.

• How should the application be served?

Service can be made by registered or certified mail, by bailiff, or by any other means that makes it possible to prove that service occurred, such as hand-to-hand delivery with a signed receipt.

• Proof of service

You must prove to the commissioner that the defendant received a copy of your application. If you notified the defendant through registered mail, you can contact Canada Post to verify that the envelope was received. If a bailiff served the application, the certificate of service is your proof that the other party received it. Where the application is delivered by hand, an acknowledgement of receipt with the recipient’s signature can be used as proof (see “How should the application be served?” above).

• Costs

The commissioner can accept or refuse to reimburse you for the cost of service, provided that you ask to be refunded in your application.

Can I amend my application?

Yes. As the applicant, you can change or add to your application through an amendment. There are no costs associated with amending your application. An amendment must be made prior to the hearing and served on the other party (you must provide proof of service). You must also file a copy of the amended application with the Régie du logement.

Note: You can verbally amend your application at the time of the hearing and in the presence of the opposing party if the commissioner authorizes you to do so.

Will my case automatically be postponed if I cannot attend the hearing?

Not necessarily. If you cannot be present on the day of the hearing, you have a choice: you can either ask for a postponement or you can be represented by someone else, a mandatary, who will act on your behalf.

If you are requesting a postponement, you must provide the Régie with the written consent of the other party.

At the hearing, the commissioner can postpone the proceedings to a later date at the written or verbal request of one of the parties.

You may also opt to be represented by a person of your choice. This person, your mandatary, is responsible for defending your interests. You can choose to be represented by a lawyer, relative, spouse, or friend. However, if the claim is for less than $ 7,000, a lawyer cannot represent you. At the hearing, your mandatary must show the Régie the written mandate that you have given.

What is a mandate, and how do I appoint a mandatary?

A mandate is an authorization you give to the person you've chosen to represent you before the Régie du logement. A written mandate is required, unless you are represented by a lawyer or your spouse. It must indicate the reasons why you cannot attend the hearing, the name and address of the person who will represent you, and the person’s family relationship to you, if there is one. That person must represent you for free.

Valid reasons for your absence include: an automobile accident, illness, the death of a loved one, or work outside the country. All the same, the commissioner is the only one who can decide whether the reason for your absence is valid.

Your mandatary can:

• request that your case file be postponed; or
  
• proceed with the hearing in your place.

Note: it is important to clearly indicate the limits of the mandate so that there is no misunderstanding on the part of the person representing you.

When can a hearing be postponed?

You can postpone your hearing to a later date if you and the opposing party agree and you file a written consent to this effect with the Régie du logement.

In your absence, your mandatary can also ask the commissioner to postpone your case. Nevertheless, the commissioner can either grant or refuse the postponement based on the merits of the request.

In order to avoid a refusal, your mandatary can try to reach an agreement with the opposing party before the hearing and have him sign a written consent to delay the proceedings. Once signed, the agreement must be filed with the Régie du logement. Your case will then be automatically postponed to a later date.

Do I have to go to conciliation before the hearing?

No. As a tenant, you are never obliged to agree to a conciliation meeting.

The Régie du logement usually suggests conciliation in an effort to reach a settlement (agreement) between you and the other party. If you and the opposing party reach a settlement, the Régie du logement will close your file. If an agreement cannot be reached, then a commissioner will hear the application.

How does a hearing before the Régie proceed?

Once you or your landlord have submitted an application to the Régie du logement, you will be sent a notice indicating the date, time, and place at which you are to appear.

At the hearing, you must bring the proof of service as well as all the evidence needed to prove your case.

You must appear at the time indicated on the notice. At the beginning of the hearing, all parties and witnesses must solemnly affirm (or swear) to tell the truth. During the hearing, you should be respectful of the commissioner and the other party. You should also dress appropriately.

When the hearing begins, the commissioner will listen to evidence brought forth by the applicant as well as the testimony of any witnesses summoned to appear. The commissioner will then listen to evidence presented by the defendant (the person against whom the application is filed). You are permitted to cross-examine any of the opposing party's witnesses.

Once the evidence has been presented by both parties, the commissioner will listen to the arguments and render a decision based on everything that was said and all the documents that were presented. The decision will be sent to the parties by mail.

Can I oblige someone to be a witness?

Yes. You can have a bailiff serve the witness with a summons to appear (a subpoena) issued by the commissioner, at your own expense. The person must be served at least three days before the date of the hearing. A person can only go against this court order if she has a very good reason for doing so, i.e., she is ill or out of the country.

Any witnesses you serve must have direct and personal knowledge of the facts. People with only indirect knowledge (i.e., learned through another person) cannot be witnesses because all they can say is what they heard from someone else.

Be sure to prepare your questions for witnesses in advance.

What can be submitted as evidence?

In addition to the documents you wish to submit as evidence, be sure that you (or your mandatary) bring a copy of your lease and the notices of modification to the lease, as well as the written mandate.

The following can be submitted as evidence:

• any notices you’ve received from the landlord;
  
• the demand letter;
  
• any correspondence from the landlord;
  
• bills or receipts;
  
• photographs;
  
• temperature or humidity reports;
  
• a copy of the former tenant’s lease;
  
• expert reports, etc.

Note: You must provide three copies of any document submitted (one for the landlord, one for the commissioner, and one for yourself). All photos should clearly indicate the date on which they were taken and what they represent. You can also submit jurisprudence (examples of similar cases previously heard). Bring a translator with you to the hearing if you feel that language may be a problem.

Expert evidence

Any report by an expert that is relevant to the dispute and relates to your dwelling can be entered as evidence. Nevertheless, the person who wrote the report must be present at the hearing in order to answer questions and be cross-examined by the opposing party.

Written testimony

This is a written statement that replaces actual testimony presented by a witness during the hearing. You can submit written testimony for one or more of your witnesses.

To do this, you must send a copy of the written testimony to the other party before the hearing to obtain his authorization. If the other party refuses to accept the witness’ written testimony, it is then up to the commissioner to decide whether or not to accept it as evidence.

The written declaration will not be accepted unless you can demonstrate that it was impossible for you or the witness to attend in person (death, illness, out of the country, etc.).

Useful Links :

1. Régie du logement website  [http://www.rdl.gouv.qc.ca]