Demystifying the rights of residential seniors

About leases in private seniors’ residences

Published on April 6, 2023 by Andrée Rochon. Journal Le Canada Français, page B-6.

When a tenant of a private seniors’ residence (PSR) wishes to move to another apartment in the same residence, he or she is sometimes charged a transfer fee. What about the various fees charged by owners?

Whether in an PSR or a regular apartment, the only amount a tenant is required to pay is the first month’s rent, in full or in part, when the lease is signed.

Deposits for keys, appliances and furniture included in the rent, air conditioning, apartment transfers and the like are not permitted.

However, some PSRs may charge for cleaning interior windows, changing ceiling light bulbs and other minor repairs usually paid for by all tenants in Quebec. Leases and by-laws generally contain specific provisions concerning these costs.

More and more PSRs are including in their leases a fee for applying for and renewing the home support tax credit with Revenu Québec. This application, while not difficult to complete, is one less thing for some seniors to worry about, and a fee may be charged for this service.

ADMINISTRATIVE EXPENSES

Transfer costs, frequently referred to as “administrative” costs, are explained by RPA managers, among other things, as the cost of refurbishing the old apartment and preparing the new one. Tenants feel obliged to pay the costs of labor and materials for this work, but these are not due.

Although it is the tenant’s responsibility to return the dwelling to the same condition as when he moved in, he cannot be held responsible for changes caused by obsolescence, normal wear and tear or force majeure.

At the end of a medium- or long-term lease, it’s inevitable that some refurbishment work will be necessary. A homeowner might not charge for plastering or painting caused by the installation of decorative objects or curtains, but for major damage, such as a partition damaged by a blow to the wall, or a door damaged by an anxious pet.

TIPS

In Europe, particularly in France, it is permissible for landlords to require a deposit as a condition of the lease as compensation for possible future damage. Unfortunately, their courts are clogged with tenants demanding these amounts, which many landlords refuse to reimburse at the drop of a hat.

In Quebec, tenants are advised to take photos or videos of every corner of the apartment they move into, and when they leave, repeat the process to validate the condition in which they leave it. If you have any questions, just ask!