Demystifying the rights of residential seniors

Rent increases in private seniors’ residences (PSR)

Published on March 2, 2023 by Andrée Rochon. Journal Le Canada Français, page B-6.

The lease renewal period is in full swing for many Quebec tenants. In fact, the vast majority of 12-month leases are renewable from July1^st to June 30 of the following year, and the period allowed for price or other changes is between January 1 and March 31. But what about leases in private seniors’ residences (PSRs)?

Although it’s still common during this period, there are fewer moves on July 1 in PSRs. Move-ins and move-outs take place throughout the year. Residents often move in following the sale of their property, and as a result are subject to the expectation of a potential buyer.

However, the process is exactly the same as in ordinary housing: a resident who receives a proposal or notice of a rent increase that he or she considers abusive has the right to refuse this lease modification. All you have to do is send your response to the residence within one month of the rent increase proposal or notice. It is very important to keep proof that the residence has received the tenant’s reply.

RESPONSIBILITY

It is then the residence manager’s responsibility to try to negotiate with the tenant, or to apply to the Administrative Housing Tribunal to have the rent fixed, within one month of the refusal.

In the event of negotiations, the resident is under no obligation to accept the agreement proposed by the owner if he or she has previously refused the increase. Increasingly common in RPPs, increases with “rent rebates” are popular.

This phenomenon also exists in the ordinary rental sector, but to a lesser extent. Basically, this artificially inflates landlords’ profits, which is good for resale and can also be useful when the tenant leaves. This property will be re-let, based on the previous tenant’s rent “without the discount”.

PRESSURE

The PSR manager, like any landlord, cannot pressure residents or threaten to terminate the lease if they refuse their proposal. Tenants have the right to refuse a rent increase while remaining in their dwelling, subject of course to the refusal process.

For this type of process, it’s important to be accompanied by someone you can trust, as these steps generate a great deal of anxiety in people of all ages, but especially seniors. A friend, family member, another senior or someone you trust can be very helpful.

A “Tenant’s Response to Notice of Increase and Modification of Other Lease Conditions” form is available on the Housing Administrative Tribunal website. And don’t forget: proof that the owner has actually received the reply is important.