02/11/2025
A 2025 Rent Increase Notice That Could Be Declared Null by the Administrative Housing Tribunal
Legislative changes that came into effect in 2024 introduce significant modifications to lease modification notices.
The legislator has established detailed and precise requirements for what a landlord must include in a lease modification notice.
Many landlords have communicated rent increases in a way that would not be recognized by the tribunal in case of a dispute.
For example, several landlords simply send a text message stating that, as of July 1st, the rent will be a certain amount.
This practice is not permitted by law. The law requires that you inform the tenant clearly about the process, deadlines, and their options.
We strongly recommend using the official “Notice of Rent Increase and Modification of Another Lease Condition” form, available on the Administrative Housing Tribunal (TAL) website, which meets the required legal standards. You can find it at the following link:
https://www.tal.gouv.qc.ca/fr/modeles-d-avis/trouver-un-modele-d-avis
This year, it is time to discard old notice formats and use this new form.
As always, you must ensure that lease modification notices are sent within the legally required timeframe and that you can prove the tenant received them within the given deadline.
If you send the notice by registered mail, you will be able to prove compliance with this obligation as long as you have proof that you mailed the registered letter via Canada Post within the deadline, even if the tenant collects the notice after the deadline.
If the tenant does not pick up the notice and it is returned to you, it will then be your responsibility to serve it in another way, such as through a bailiff, and to demonstrate that you acted promptly after receiving the returned registered mail.
We encourage you to attend the rent determination clinic, where we will provide detailed explanations of the entire process related to rent increases and notices.
