Friday, December 10, 2010

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You have the right to refuse a rent increase ...

Everything You Always Wanted know about rent increases!

A notice of rent increase is sent to you. . .
1) A notice of increase must be in writing.
2) The notice must be written in the same language as the lease (a bilingual notice is valid).
3) The notice must be sent between 3 and 6 months before the end of the lease when the lease is one year or more. If the lease ends June 30, the notice must be sent between January 1 and March 31.
4) The notice must state the period of one (1) month granted to the lessee to refuse the application.
Whether you have a written lease or not, you can refuse the increase!

The proposed increase is it abusive?
In late January, the Régie publishes estimates of average rent increase based on the type of home heating. In addition to these average rates of adjustment, you must consider the changes in municipal and school taxes and major improvements to your home or your building. In light of this information you can evaluate the reasonableness of the proposed increase by the owner. For help in determining, contact a housing committee.

How to refuse the proposed increase?
Respond in writing to the owner, preferably by registered mail within one (1) month after receipt of the notice:
"I want to renew my lease but I refuse the proposed increase "
Important: If you do not respond to a notice of increase in the months following its receipt, the lease will be renewed automatically with the conditions listed on the notice.

New conditions are available?
The same rules apply to the new conditions that would charge you the owner. The landlord's notice states for example that you'll never have access to the backyard.
Again, you have every right to refuse the amendment to the lease. Must be answered, still in within one month after receipt of the notice by registered mail:
"I want to renew my lease but I reject the proposed new conditions"
Where the landlord's notice requires both a rent increase and changes to the lease, the answer must cover all aspects:
"I want to renew my lease but I refuse the increase and the proposed new conditions"
Important : If the owner wants you to be responsible for paying the heating or hot water while you were not obliged to do so last year, you are entitled to a reduction in rent. Fewer services automatically equals a reduction of rent.

What happens after he refused the increase or the proposed changes?
There are two possibilities:
1. The owner is for the Housing Authority to justify its request. You will if invited to a hearing before a special clerk. To prepare yourself, contact in your city or neighborhood, a committee or housing association tenants;
2. The owner can contact you to negotiate.
Important: Keep a copy of all documents exchanged with the owner. Do not forget the receipt for the post office when sending letters. Refuse to sign anything on the field. First check the owner's time has expired, because he too has only months to respond by going to the board, upon receipt of your letter of refusal. If it exceeds this period, any proposed amendment to the lease becomes null and your lease will automatically renewed at current rates.

If you want to leave your home ...
How to indicate your intention to relocate?
Respond in writing to the owner, if possible by mail within a period of one (1) month after receipt of the notice:
"I do not want to renew my lease"
Important: Your intention to move must be made in writing to the owner between January 1 and March 31 even if you do has not sent written notice of rent increase.

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