Pronotif makes a difference at the Administrative Tribunal for Housing

Administrative Judge Louise Fortin orders a tenant to pay $2,004 to his landlord in rent arrears equivalent to three consecutive rent increases and failure to do so would result in lease termination.

The tenant denied receiving notices of amendments over the years, while the landlord's representative claims that he was obliged to send the last two notices of renewal by certified Pronotif emails since the tenant refused to collect registered mail and any form of communication.

In 2016, the new landlord had sent a first notice of lease renewal to the tenant increasing the rent from $1,050 to $1,096. However, no proof of sending and receipt was produced, except for a letter from the tenant dated of May 2019 which states: "As your clients know, the application to amend the lease for the period beginning October 1, 2016, which was legally received, was rejected within 30 days of its receipt and was never contested by the landlords". Subsequently, the landlord sent a second and third notice of lease renewal for 2019 and 2020 through Pronotif, CORPIQ's certified email service. Following the receipt of these notices, the landlord maintained that the tenant did not respond, so the lease was renewed under the new conditions.

Concerning the first notice of rent increase, the tenant was unable to demonstrate its refusal to the Court. For the other two notices sent by Pronotif, the tenant, using photographs, showed that he received the e-mail, but never opened them. In his defence, the tenant stated that he did not open all his messages because he was very suspicious and that, if they had not been opened, they could not be considered received; moreover, he added that this method of transmission is not in compliant with the law.

The tenant's defence was rejected by the administrative judge. She clearly stated in her judgment that receiving e-mail and not opening them voluntarily is equivalent to receiving registered mail and deciding not to open the envelope. The Tribunal is therefore of the opinion that the tenant received the three notices of increase for the periods in question and ordered him to pay the amount of $2,004 plus legal costs.

Bill 16, aimed at improving the operating rules of the future Tribunal administratif du logement, provides for greater use of technological means of communication.

To conclude, CORPIQ recommends to its members, when signing a new lease, to always fill out the annexe to the lease produced by CORPIQ. In this annexe, the parties agree to transmit and receive any notice relating to the lease, as well as any procedure, by any means of transmission accepted by law, including electronically.

Read also: Notifications by email: a tenant’s testimony contradicted by Pronotif.