Avis d'augmentation de loyer (Québec)

A Quebec notice of rent increase (avis d'augmentation de loyer) is a formal legal document that a landlord (locateur) must send to a tenant (locataire) when proposing a modification to the rent upon lease renewal. Under the Civil Code of Quebec (C.c.Q.), articles 1942 to 1966, a landlord cannot unilaterally increase the rent without following the prescribed notice procedure. Quebec residential lease law operates on a system of automatic renewal, meaning that at the end of a lease term, the lease is automatically renewed under the same conditions unless one party gives proper notice of change. The rent increase notice is the mechanism by which a landlord initiates the process of modifying the rent for the renewed lease period. The notice must be sent within the time limits prescribed by article 1942 C.c.Q. and must contain specific information including the proposed new rent, the percentage of increase, the duration of the renewed lease, and any other proposed modifications to the lease terms. The Tribunal administratif du logement (formerly the Régie du logement) plays a central role in rent fixation disputes, as it is the exclusive jurisdiction for determining whether a proposed rent increase is justified. Each year, the Tribunal publishes indices and guidelines that landlords should use when calculating their proposed increase, taking into account factors such as municipal and school taxes, insurance premiums, energy costs, maintenance and repair expenses, and capital improvements to the property.

A Quebec rent increase notice is needed whenever a landlord wishes to increase the rent charged to a tenant upon lease renewal. Since residential leases in Quebec are automatically renewed at the same conditions under article 1941 C.c.Q., the landlord must proactively send a notice to propose any changes, including rent increases. The most common scenario is the annual renewal of a fixed-term lease, typically a 12-month lease, where the landlord's operating costs have increased due to rising municipal taxes, higher insurance premiums, increased maintenance expenses, or energy cost inflation. Landlords who have made significant capital improvements or major repairs to the dwelling, such as replacing the roof, upgrading plumbing or electrical systems, or renovating common areas, may also need to adjust the rent to reflect these investments. The notice is equally important when there are changes to services included in the rent, such as adding or removing parking, storage, or utility inclusions. Property owners who have recently acquired a rental building and wish to adjust rents to reflect current market conditions must still follow the prescribed notice procedure. It is essential to note that the notice must be sent within the prescribed time limits, and the proposed increase must be justified based on the landlord's actual costs, not simply on market rent comparisons.

The key elements of a Quebec rent increase notice include several mandatory components prescribed by the Civil Code of Quebec. First, the landlord must be fully identified with their name, address, and contact information. Second, the tenant must be identified with their name and current address. Third, the dwelling subject to the increase must be precisely identified with its full address and unit number. Fourth, the current lease details must be stated, including the start and end dates and the proposed duration of the renewed lease. Fifth, the financial details of the proposed increase must be clearly specified, including the current monthly rent, the proposed new monthly rent, the dollar amount of the increase, and the percentage of the increase. Sixth, the effective date of the proposed increase must be stated, which must coincide with the beginning of the renewed lease term. Seventh, a detailed justification for the increase must be provided, broken down by category: municipal and school taxes, insurance premiums, maintenance and repair costs, energy costs, and any other relevant factors. Eighth, information about any other proposed modifications to the lease terms must be included. Ninth, a clear statement of the tenant's rights must be provided, including the right to refuse the increase, the one-month response deadline, and the consequences of not responding. Tenth, a good faith clause pursuant to article 1375 C.c.Q. must be included, along with a governing law clause referencing the applicable provisions of the Code civil du Québec and the Tribunal administratif du logement.