Have you just signed a lease in senior living, or are you considering doing so? Would you like to know your rights as a tenant? This essential guide, based on information from the Tribunal administratif du logement, is here to help you. It has been specifically written to provide you with a clear understanding of senior living and the various leases conditions in Quebec.
Senior Living Networks
In Quebec, there are two networks: public and private, both offering similar services. However, public senior living is not accessible to all seniors, as eligibility is determined through an evaluation by a social worker.
What Is a Private Senior Living (SPR)?
According to the Ministry of Health and Social Services, a private senior living is defined as: "a whole building or part of a collective housing building occupied or intended to be occupied primarily by people aged 65 and over, where various included services are provided by the residence operator." In other words, it is a housing environment that accommodates different levels of autonomy, from fully independent individuals to those experiencing a loss of autonomy. The senior living is managed by a private owner or group.
Private senior living is subject to government regulations and must be certified by the Ministry of Health and Social Services. They are also listed in the Register of Private Senior Living and in the Bonjour Résidences directory.
I Want to Sign a Lease in Senior Living
When signing a lease in a private senior living, a mandatory lease form from the Tribunal administratif du logement must be completed. This contract allows a person, the tenant, to rent a place to live. The lease specifies the services provided to the tenant by the landlord.
The services offered must be listed in the mandatory annex of the lease. These may include nursing care, meals, personnel assistance, medication management, and more.
What Are the Obligations of Both Parties?
As outlined by the Tribunal administratif du logement, here is a summary of the obligations of both the senior (tenant) and the senior living owner (the landlord) when signing a lease:
| Obligations of the Senior Living Owner (Landlord) | Obligations of the Senior (Tenant) |
|---|---|
| Ensure that the agreed-upon services are quality and comply with laws and regulations | Pay rent |
| Provide well-maintained living spaces | Keep the unit clean |
| Maintain and repair the unit as needed | Report any major defects or damages to the owner |
| Do not alter the unit without the owner’s consent | Return the unit in its original condition at the end of the lease |
| Ensure a peaceful living environment | Avoid disturbing other tenants |
After signing the lease, the landlord must provide a copy of it to the tenant within 10 days.
I Want to Modify My Lease
If your lease is ending and you wish to change its conditions because the owner is imposing unreasonable rules, such as an excessive rent increase or refusing responsibility for necessary repairs, you have options.
Lease Modification Deadlines
If the landlord proposes modifications upon lease renewal, they must provide written notice within the following timeframes:
| Lease Duration | Deadlines for Written Notice |
|---|---|
| 12 months or more | 3 to 6 months before the lease ends |
| Less than 12 months | 1 to 2 months before the lease ends |
| Indeterminate duration | 1 to 2 months before the requested modification |
| Room rental (any duration) | 10 to 20 days before the lease ends or modification takes effect |
Upon receiving the notice, the tenant has one month to choose one of the following three options and inform the landlord.
- Accept the modification and renew the lease
- Refuse the modification in writing but still renew the lease
- Decide to leave and not renew the lease, notifying the landlord in writing
If the tenant does not respond within one month, the lease will automatically be renewed with the landlord’s proposed modifications.
I Want to End My Lease in Senior Living
Like any contract, a lease cannot be terminated without valid reasons. However, there are specific cases where a lease in a senior living can be ended, such as:
- Obtaining a place in a subsidized housing unit (LLM) or equivalent
- Safety concerns
- A disability that prevents the tenant from staying in the same senior living
- Health reasons requiring relocation
Moving Due to Health Reasons
In certain cases, a senior may need to move to another senior living due to health conditions requiring greater care. A tenant can end their current lease if they move to a senior living that offers the nursing care or personnel assistance they need.
To do so, the tenant must provide the landlord:
- A written notice of departure/lease termination
- A certificate confirming admission to the new senior living
- A medical certificate issued by a health professional (CLSC, CHSLD, hospital, or private practice)
These documents must be sent within the applicable timeframe.
| Lease Duration | Notice Deadline |
|---|---|
| 12 months or more | 2 months before departure |
| 12 months or less | 1 month before departure |
| Indeterminate duration | 1 month before departure |
Frequently Asked Questions
Are the services clearly detailed in the lease?
Yes, a mandatory annex must explicitly list included services, such as meals, nursing care, and medication assistance. If anything is unclear or missing, ask for clarification, it's about your comfort and security.
My neighbor has a dog. Does this mean I have the right to keep my cat?
Not necessarily, if nothing is mentioned in the lease or in the rules of the building, the owner can not refuse the presence of animals, unless it proves that the animal disturbs the neighbors or breaks something in the dwelling or the building. If a clause prohibiting animals exists, you must respect it. The owner has the right to ban animals or certain types of animals.
What are the main criteria that can be used to calculate a rent increase?
The increase in municipal taxes, the increase in school taxes, the costs related to energy (electricity, natural gas, fuel oil), the major works carried out during the previous year and benefiting all the housing units of the building, increased insurance costs, increased maintenance costs, increased services, management fees, and operating expenses. Discover the cost of a senior living in 2024 in your region.
How to file a complaint regarding the respect of our rights of the quality of services in senior living?
You must contact Services Québec, which will provide the contact information for the Regional Service Quality and Complaints Commissioner for your region: 1 877 644-4545.
For help finding a senior living, fill out this form or call us at 1 844 918-1020.
