If i refuse the rent increase do i have to move out?
Short answer
No, in the vast majority of cases: in Quebec, a tenant who refuses the increase keeps the dwelling, and it is up to the landlord to ask the Tribunal administratif du logement (TAL, Quebec's rental board) to fix the rent.
In detail
The right to remain in the dwelling protects the tenant: refusing an increase is not a ground for losing your home. The lease is renewed, and the Tribunal administratif du logement (TAL, Quebec's rental board) will decide the amount if the landlord files an application to fix the rent within the month following the refusal.
While the file is before the TAL, the rent stays at the current amount. If the decision comes after the renewal date and sets a higher rent, the tenant will have to pay the difference retroactively; the TAL may allow it to be paid in instalments.
The exceptions are limited: a dwelling in a housing cooperative, or a building built, or whose use was changed, 5 years ago or less. In those cases, a tenant who refuses must leave at the end of the lease.
What to document
Your lease, the notice of increase, your written reply, and any message from the landlord suggesting that you have to leave. Pressure to move out after a refusal is a fact worth writing down with its date.
Put your facts in writing, free. Writing your version down early, keeping your documents dated and preparing your questions for a lawyer: the tool is there to document, never to advise.
Open the application Up to 3 files, no card · see the plans
Official sources
- Tribunal administratif du logement — Frequently asked questions
- JuridiQC — Refusing a rent increase: how to do it
- TAL — Modification of a condition of the lease
Related questions
- How do i know if a rent increase is too high?
- My landlord did not send a notice of rent increase does the lease renew?
- What is section g of the lease and what is it for?
- Why can't i contest a rent increase in a new building?
- Can my landlord repossess my dwelling to live in it?
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What this page is not
This is general legal information about the law of Quebec and Canada, dated and sourced. It is not legal advice, not a strategy, and not a prediction about the outcome of a case. In Quebec, only lawyers and notaries may give legal advice (Act respecting the Barreau du Québec, ss. 128 and 133). Laws and amounts change: the official source always prevails over us.