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Clientele : Tenants Subject : The Régie du logement (Rental Board) Print date : February 7th, 2012

Tenants
The Régie du logement (Rental Board)
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Your landlord is continually causing you major headaches. A downstairs neighbour tells you to seek help from the Régie du logement. You’re thinking about it, but you wonder what the Régie can do to force your landlord to respect his obligations. How does it work and how much will it cost you? How much time will all this take?

In this Infosheet, Éducaloi explains the Régie du logement, its services, duties, areas of responsibility and role as an administrative tribunal.
The Régie du logement is a provincial body whose mandate is to regulate the residential rental market. Several laws cover the rental market, including the Act respecting the Régie du logement and the Civil Code of Québec.

Its responsibilities include deciding cases that come before it, informing citizens of their rights and obligations under the lease in an effort to avoid conflicts that can arise out of a simple lack of knowledge of the law, and promoting conciliation between landlords and tenants.

The Régie is responsible for applying Quebec's housing laws and regulations.
The Régie du logement is the only tribunal that can decide on:

  • any request relating to the lease of a residential dwelling when the amount of money claimed or the value of the thing claimed does not exceed $ 70 000;
  • any request, whatever the amount, concerning the fixing of rent, the renewal of a lease, the repossession of a dwelling, a subdivision, a change of destination, a substantial enlargement of the dwelling, or the lease of low-rental housing. In all of these cases, the Régie has jurisdiction no matter how much money is involved.

The Régie can also rule on any claim relating to:

  • the demolition of a dwelling in a municipality where no applicable by-law exists;
  • the alienation of an immovable situated in a housing complex;
  • the conversion of an immovable into divided co-ownership (condos);
  • depositing rent.
The Régie du logement is responsible for:

  • informing landlords and tenants of their rights and obligations and about any matter set out in the lease or in the Act respecting the Régie du logement. It does so by offering telephone services, one-on-one consultations, free publications, and a website;
  • providing forms for the lease, the resiliation (termination) of a lease, and sublet agreements;
  • doing studies and compiling statistics on the housing situation in Quebec;
  • hearing both parties and rendering a written decision when a landlord or tenant files an application;
  • publishing a collection of decisions written by the commissioners;
  • promoting conciliation (friendly agreements) between landlords and tenants. To help resolve the problem, the Régie will offer to set up a conciliation meeting (like mediation) between you and the landlord. If a settlement results from the conciliation, all legal proceedings are suspended.
The cost depends on the type of application and sometimes on the amount of your rent. To find out the exact amount in your case, check the Régie’s Schedule of Costs.

People getting some kinds of government financial assistance don’t have to pay the application fees, as long as they provide proof that they are getting this assistance.
Once you’ve filed an application with the Régie du logement, a conciliation service will be offered to you. You can accept or refuse this offer.

If you participate in conciliation but an agreement cannot be reached, the judicial process will resume. But if the conciliation succeeds and a settlement is reached, the file will be closed.

At the hearing, you may choose to represent yourself or to have someone else represent you (certain conditions apply). You can also be represented by a lawyer unless it is a file where less than $ 7,000 is claimed. Remember that the Régie has its own set of procedures.

The person who presides over the hearing and rules on your case is not a judge - she is a commissioner. Commissioners are lawyers or judges appointed by the State to hear and decide on applications that fall within the jurisdiction of the Régie du logement.

Once the hearing is over, the commissioner renders a decision within three (3) months and sends it to you by mail.

To learn more about who can represent you at the Régie du logement, consult our Infosheet Hearings before the Régie du logement.
Yes. There are many Régie du logement offices in Quebec. You don’t have to travel all the way to Montreal or Quebec City to file an application.

The telephone number of your local Régie du logement is listed in the blue pages of your telephone book. You can also consult the Régie du logement website to find the office closest to you.
Important
These questions and answers are for general informational purposes only. If you have a specific problem, consult a legal professional.
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Éducaloi does not provide any legal advice or counseling. The information contained in its website constitutes a general source of information and does not in any way replace the services of a lawyer or notary.
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