CORPIQ calls for a more complete update of the mandatory lease form

CORPIQ calls on the Minister of Municipal Affairs and Housing, Andrée Laforest, to expand the mandate of its interdepartmental committee responsible for reviewing the mandatory lease form, several sections of which are outdated considering the new laws and practices in effect.

For the time being, this interdepartmental committee is only aiming to develop a version of the lease that is specific to seniors' residences, confirmed the Minister's office, which CORPIQ deplores.

"This is only the second time in 25 years that the government has reopened the Regulations of the Mandatory Lease Forms. This way of working is noncommittal on their part and the exercise will need to be done again in a year or two. The redesign of the lease forms for seniors living in residence is a good thing, but the Minister must also take the opportunity to correct certain problems that make the lease for all tenants outdated," explained Hans Brouillette, Director of Public Affairs at CORPIQ.

Smoking or non-smoking leases

Cannabis legalization has re-launched the smoker/non-smoker issue with respect to leases. However, the mandatory lease form still does not contain a checkbox indicating whether or not smoking is permitted. In comparison, such a checkbox has long existed regarding the right or prohibition for the tenant to keep animals. Adding a clause to the lease to specifically allow or prohibit smoking is a simple change for a major issue. It would encourage healthy cohabitation between tenants in the same building, in addition to taking positive action in the area of public health.

Sub-leasing for tourist accommodation purposes

The lease form for an apartment is completely outdate regarding the new reality of Airbnb-type tourist accommodation. CORPIQ has been calling for section B of the lease to be amended to include an explicit clause allowing the landlord to state if he authorizes or prohibits this type of commercial activity. This amendment would be timely, as a new tourist accommodation regulation will be adopted shortly, and proof of owner’s consent remains an issue.

Methods of payment

Section D of the lease states that a landlord cannot require a tenant to provide a series of post-dated cheques, but unfairly fails to mention that the landlord is not required to accept an ordinary cheque, since it does not constitute a guarantee of payment. 54% of landlords receive regular cheques for rent payments. In addition, landlords receive rents by pre-authorized debit and credit card, but the lease does not indicate these legal options.

Surety

According to case law, a guarantor who signs to guarantee a tenant's lease is released from all liability after the first expiry of the lease. However, the current form hides this information, putting the inexperienced owner in a risky situation. In all transparency, a checkbox should be added indicating whether the guarantor is committed to the lease and its renewals:

"Should we remind you that the law prohibits Quebec landlords from requiring a security deposit from the tenant? If the guarantor is released at the end of the first year, the owner loses all hope of being compensated for any damage caused by the tenant or for unpaid rents," explains Hans Brouillette.