Can a landlord who has not made any renovations in an apartment in the last year still increase the price of the rent substantially? We answer this question that many tenants ask themselves.
Let’s get one thing clear first: a landlord can raise the price of rent even if they haven’t done any renovations.
The price of the rent does not only include the maintenance of the building. A set of costs are attached to it, such as municipal taxes, which have increased considerably this year in many cities in Quebec.
A tenant cannot therefore refuse a rent increase because he is dissatisfied with the maintenance of his accommodation, indicates the lawyer specializing in housing law Vincent LaBoissonnière.
“We cannot justify the refusal of an increase in court on the pretext that our landlord has not repaired the shower or a broken window,” he confirms.
In 2023, the Administrative Housing Tribunal (TAL) estimates that the price of unheated housing could increase by 2.3%, while housing heated with electricity could see its rent rise by 2.8%.
• Read also: The calculation of the rent increase in 2023 is out
What if major work has been done?
Landlords who have carried out major work in a dwelling may increase the price of rent more significantly. The TAL calculation tool offers a rent increase of up to 4.5%.
But beware: major work should not be confused with the usual maintenance work of the building, warns the spokesperson for the Regroupement des Comités Logement et Associations de Tenants du Québec (RCLALQ), Cédric Dussault.
A landlord could not justify a significant increase in rent because he repaired a faulty shower, for example.
What should you do if you find your rent increase unjustified?
First, you should know that you have three options when you receive your rent increase notice: accept the increase, refuse the increase and leave the dwelling, or refuse the increase and stay in the dwelling.
If you don’t agree with the proposed hike, the best thing to do, before embarking on lengthy procedures before the TAL, is to try to find common ground with your landlord, says Ms.e Vincent LaBoissonniere.
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If no compromise is found, the landlord has one month after the tenant’s refusal to open a file to fix the rent. In this case, the TAL will set the price of the rent itself or decide in favor of the increase using supporting documents such as receipts or invoices.
Recall that, according to the TAL’s 2021-2022 annual report, the average time to obtain a first hearing was 9.9 months.
– With information from Guillaume Cyr