Yes. When a residential lease ends, it is automatically renewed.

The tenant, and anyone else who has a right to stay in the dwelling, benefit from this automatic renewal. To learn more about who has the right to stay in the dwelling, see the question: "I live here, but I haven’t signed the lease and the tenant died or left. Can I stay?"

People who are subletting do not benefit from the automatic renewal of a lease.

If a landlord wantes to change a lease - for example, to increase the rent - he must send a written notice to the tenant. The deadline for sending the notice depends on the type of lease.

Click here to see our table.

A notice of rent increase must contain the following:

• the amount of the new rent proposed, and the increase expressed in dollars or as a percentage as compared to the current rent
  
• the length of the new lease if the landlord wants to change it
  
• any other changes
  
• the amount of time the tenant has to refuse the rent increase

Note: the notice must also be written in the same language as the lease and sent to the tenant’s address as indicated on the lease.

For landlords, the Régie du logement has a model of a notice of a rent increase and other changes to the lease.

It could happen that a landlord sends a notice that does not match the sample notice of rent increase provided by the Régie du logement.

For example, the notice could give the impression that the tenant has 2 choices: accept the rent increase or move out. Or, the notice might not say that the tenant has 1 month to refuse the rent increase in writing.

Whatever the notice looks like, a tenant who wants to refuse the rent increase should send a letter to the landlord saying so, within 1 month of receiving the landlord’s notice.

In some cases, the Régie du logement has decided that a notice that does not respect the law is not valid and that the landlord cannot get the proposed rent increase. But in other cases, the Régie du Logement has decided that these notices are valid, because the tenant did not suffer any damage as a result of the landlord not respecting the law.

The impact of a notice that does not respect the law is therefore decided case-by-case. For the notice to be found not valid, the tenant suffer damage and must be acting in good faith (that is, the tenant does not intend to take advantage of the situation).

It is therefore a good idea to assume the notice is legally valid and not count on the possibility that it will be declared not valid.

Contrary to popular belief, there are not fixed rent increases. The rate that the Régie du logement sets every year is just an estimate that changes with type of dwelling.

Several factors can affect the amount of increase in rent. For example:

• energy costs
  
• increases in municipal property taxes or in school taxes
  
• changes in insurance premiums
  
• major repairs and improvements: repairing the roof or the heating system, putting in a pool, etc.
  
• maintenance costs. These are costs for the upkeep of the building: snow removal, painting work, minor repairs, upkeep of the plumbing, etc.

For major repairs that benefit all of the tenants of the building, the increase in rent will be shared by all the dwellings. However, repairs that only take place in your neighbour’s dwelling should not affect your rent.

The Régie du logement’s website has a calculation form for landlords. It lets them come up with an acceptable rent increase for each dwelling. The calculation form is not a legal requirement. It is meant to be used as a negotiation tool for landlords and tenants. The form lists the various expenses that the Régie du logement will take into account if it has to set the rent.

After getting a lease change notice, you have 1 month to either:

• notify the landlord that you will leave
  
• notify the landlord that you accept the lease changes. The lease will then be renewed with the changes.
  
• notify the landlord that you refuse the changes. The lease will be renewed, but the landlord can go to the Régie du logement for a decision on the suggested changes. (See the next question.)

Keep in mind that if you don’t notify the landlord of your refusal, you're assumed to have accepted the new terms. It is therefore very important to let your landlord know that you disagree with any proposed changes.

If you refuse the rent increase or any other change proposed by the landlord, he can:

1. Not to do anything at all. In that case, your lease will be renewed on the same terms that you had before.
   
   
2. Try to negotiate a friendly agreement with you. Remember that it is always possible to settle things this way.
   
   
3. Ask the Régie du logement to set the rent or to decide on the change to the lease that was refused. The landlord has 1 month following receipt of your notice of refusal to apply to the Régie.

If the Régie du logement accepts the landlord’s rent increase, it is important to know that you cannot change your mind and cancel the lease renewal, unless your landlord agrees.

If you have not received a notice from the landlord indicating a rent increase or other type of change, you can renew your lease as it stands or advise your landlord that you will be leaving.

If you want to stay, no notice is necessary. The lease will be renewed automatically on the same terms as the previous lease.

If you choose to vacate your dwelling, send your landlord a notice of non-renewal of the lease. The Régie du logement has a sample notice.

If the lease does not have a fixed length, the tenant must give a written notice 1 to 2 months before leaving. If the lease is for 12 months or more, the tenant must give notice to the landlord 3 to 6 months before the end of the lease. For example, for a lease ending on June 30, the notice must be given to the landlord between January 1 and March 31.

Yes, in certain cases. Here are the requirements for each situation:

If the tenant leaves

You can stay if:

1. You are:

• the tenant’s spouse or civil union spouse
  
• the tenant’s de facto spouse (partner) who has lived with him for at least 6 months
  
• the tenant’s close relative, or relative by marriage or by civil union, who has lived with him there for at least 6 months

2. You are still living in the dwelling.

3. You send the landlord written notice identifying yourself and stating that you want to exercise your right to stay in the dwelling. This notice must be sent within 2 months of the tenant’s departure. You can use the model "Notice Regarding the Cessation of Cohabitation" on the website of the Régie du logement (PDF document).

If the tenant dies

You can stay if:

1. You lived with the tenant at the time of his death.

2. You are still living in the dwelling.

3. You send the landlord a written notice within 2 months of the tenant's death. In the notice you must identify yourself and state that you want to exercise your right to stay. You can use the model "Notice Regarding the Death of the Tenant" on the website of the Régie du logement (PDF document).