Demystifying the rights of residential seniors

Recognizing elder abuse

Published on August 3, 2023 by Estephany Fernandez Suero. Journal Le Canada Français, page A-19.

When a person signs a lease in a private seniors’ residence (PSR), he or she is bound by it. A lease is like any other contract: it must be respected to the end.

There’s a widespread myth that, under any circumstances, a tenant can terminate his or her current lease by paying a penalty of two months’ rent. It’s important to know that this conception is totally false. Although there are exceptions that allow tenants to terminate a lease before the scheduled end date, they concern situations precisely circumscribed in the law.

A person living in ordinary housing who needs to move into a type of accommodation designed for independent or frail seniors could benefit from this exception. This is particularly the case if the person is moving for the first time to a facility that provides the care or services required by his or her state of health, such as a long-term care facility (CHSLD), an intermediate resource or a private seniors’ residence.

The same applies to a senior already living in a private seniors’ residence who needs to move to another PSR, CHSLD or intermediate resource. The reason for relocation must be linked, among other things, to a disability that no longer allows the person to remain in their current home, or to a health condition.

In both cases, the tenant must take certain steps to ensure that the lease is terminated correctly. To do so, the tenant must send a notice of lease termination, a medical certificate confirming the need to be rehoused in view of his or her state of health, and proof of admission to the new accommodation. Residents must keep proof that these documents have been sent.

SPOUSE

It is important to note that for this type of lease termination, it is essential to meet all the criteria. An incorrect notice or omission of a document could result in the tenant’s departure being considered as an eviction. The landlord could then take steps to force the tenant to pay the rent until the end of the lease.

Even if a tenant needs to move into a private seniors’ residence for the first time, or be relocated to another RPA due to his or her health condition, his or her spouse may not have the same need. Nevertheless, on numerous occasions, the Housing Administrative Tribunal has ruled that the spouse would benefit just as much from this right to terminate the lease. It would be different if there were no legal or emotional ties between the roommates.

Although limited, there are other ways of terminating a current lease. Among other things, a tenant could terminate his or her lease early by reaching an agreement with the landlord. This agreement must be signed and retained by both parties. When faced with such complex lease termination requests, it may be wise to be accompanied by a support person or a consultant from the Centre d’assistance et d’accompagnement aux plaintes (CAAP) Montérégie(rpacaap@caapmonteregie.ca).