Your rights as a tenant

Welcome to Hampstead, a thriving residential community where quality of life is paramount. While living here is a positive experience, we understand that as a tenant, you may have concerns. Empowering yourself with knowledge about your rights is the initial stride toward discovering effective solutions. Explore the resources provided to ensure your tenancy is both secure and fulfilling

Helpful resources

The tenant agrees to the terms and conditions and the monthly fee upon signing a lease. The tenant must pay this fee on the first of each month unless an agreement is made to pay on another day. You are considered to be in arrears the day after this date is set. The landlord can then file a claim for the amount due with the Tribunal.

The landlord has the right to propose changes to the terms of the lease and to send an annual rent increase. It is your right to refuse what the landlord offers. In this case, you must either settle out of court or go to the Tribunal administratif du logement.

Eviction from a dwelling is accompanied by a notice that must generally be received 6 months before the end of the lease. There are conditions under which the landlord can evict a tenant. However, these are specific when it comes to renovations (change in the internal structure of the building) or a repossession. 

In the event of an eviction, the tenant has thirty days to respond upon reception of the notice, and if he accepts the conditions, he may receive compensation from his landlord.

Important! It is illegal for a landlord to evict a tenant to simply do renovations. This is sometimes called “renoviction”. This can be a way to rent the apartment to a new tenant at a much higher rent.

Be aware that a landlord cannot evict a tenant if the tenant or their spouse meets the following three conditions:

  • is age 70 or over
  • has lived in the apartment for 10 years or more
  • has an income that would qualify them for low-rental housing

It is illegal for a landlord to refuse to rent for a discriminatory reason. 

Reasonable grounds for refusal include:

a criminal record;

a past failure to meet his or her obligations as a tenant

ability to pay the rent.

Any person who believes that he or she has experienced discrimination may file a complaint with the Commission des droits de la personnes et des droits de la jeunesse.

“Delivering” the unit means to let the tenant take possession. It is a basic responsibility of a landlord, which includes giving the tenant the unit in a good state of repair. The unit must be clean and in livable condition. 

However, you should know that as a tenant, you must maintain and use the unit responsibly. Under the law, you must act reasonably. If you fail to comply with the safety regulations, the landlord could apply to the Tribunal Administratif du Logement to cancel your lease.

As a tenant, you must leave at the end of your lease unless you reach an agreement with your landlord.

It is possible to end your lease without your landlord’s agreement or the TAL’s permission if you are in one of the following exceptional situations:

Your security, or the security of a child who lives with you, is at risk because of spousal or sexual violence.

You’re moving into low-rent housing (known in French as HLM)

You’re a senior who is permanently moving to a housing facility that offers nursing care or personal assistance that you need because of your state of health.

You have a disability that prevents you from living in your rental unit.

In most cases, you can also sublet your apartment or transfer your lease to someone else. When you sublet, the person who takes over the apartment becomes the temporary tenant, but you are still responsible for the lease. 

However, if the landlord does not fulfill their obligations, you can terminate your lease by applying to the Tribunal Administratif du Logement.

Please note that a tenant’s death doesn’t end the lease.