Article 1947 C.c.Q.: Having the Rent Set by the Tribunal

Where a lessee objects to the proposed modification, the lessor may apply to the court, within one month after receiving the notice of objection, to have the rent fixed or for a ruling on any other modification of the lease, as the case may be. Where a lessee who has subleased his dwelling for more than 12 months refuses to vacate the premises, the lessor may also apply to the court to terminate the lease. If the lessor fails to file an application within one month after the objection or the refusal, the lease is renewed by operation of law on the same conditions. If the court dismisses the application to terminate the lease but its decision is rendered after the expiry of the time for giving notice of modification of the lease, the lease is renewed but the lessor may, within one month after the final judgment, apply to the court to have a new rent fixed.

Civil Code of Québec, art. 1947 C.c.Q.

What this article means

Article 1947 sets out how rent gets fixed by the tribunal. When a tenant refuses a proposed increase, the landlord can ask the TAL (Tribunal administratif du logement) to decide. The TAL then applies the criteria set out in the regulations to determine a fair rent.

The deadline is strict: the landlord has one month from receiving the tenant's refusal to file the application. If that deadline passes, the landlord loses the right and the lease renews on the old terms. This deadline is firm and cannot be extended.

The process before the TAL is fairly accessible: the forms are available online, the filing fees are modest, and the parties can represent themselves. The TAL schedules a hearing where each side can present their arguments and evidence.

What it means for you

If you are a tenant

If your landlord files an application to have the rent set, you'll be called to a hearing. You'll get the chance to make your case: the condition of your home, comparisons with similar dwellings, the history of increases. Prepare photos, receipts for repairs you've had to make yourself, and any evidence of problems.

The TAL sets the rent based on objective criteria. The result can be lower or higher than what the landlord asked for, but it's usually more moderate than a one-sided increase. It's in your interest to take an active part in the hearing.

If you are a landlord

Respect the one-month deadline to file your application to the letter. Once it passes, your right is lost for that lease year. Build your file with the supporting documents for your expenses: municipal and school taxes, insurance, maintenance work, energy costs, and any other relevant charges.

The TAL uses the regulatory criteria for setting rent, which take into account the real change in your costs. A well-documented file is essential to obtain the increase you believe is justified.

Related articles

• Article 1941 C.c.Q.: Automatic Lease Renewal
• Article 1942 C.c.Q.: Notice of Modification to the Lease
• Article 1945 C.c.Q.: Tenant's Deadline to Respond to a Notice of Modification
• Article 1950 C.c.Q.: New Tenant: Right to Have the Rent Set
• Article 1953 C.c.Q.: Criteria for Setting the Rent
• Article 1955 C.c.Q.: New Building Under 5 Years Old: Clause F
• Article 1946 C.c.Q.: Tenant's Right to End the Lease When No Notice of Modification Was Received
• Article 1906 C.c.Q.: Rent Adjustment Clauses Without Effect
• Article 1938 C.c.Q.: Right to Stay for a Spouse, a Relative, or After a Death