As we age, new needs may arise. Comfort, safety, health or assistance… The space must be adapted to meet these needs. Residences then become an attractive option for many seniors. Whether you are already in residence or thinking about going there, it remains important and useful to know your rights as a consumer.
Changing supplier, signing a lease, registering for leisure and activities... Each step is governed by rights that protect seniors.
To prepare for these various changes with serenity, we offer you a guide on consumption and the protection of seniors
Why should you learn about your rights as an elder?
Are you signing a new lease or taking steps with a company? Each contract is governed by rights that protect the consumer and bind the supplier. Each party has rights and obligations. When we sign, we give our consent to the rules of the contract that bind us financially and legally.
The contract covers in particular:
- The renewal conditions;
- Termination ;
- The price ;
- The possibility of giving it up.
By taking the time to read the clauses, you will better understand the commitment you are about to make and avoid possible disagreements or fraud against the elders .
By knowing your consumer rights, you protect yourself and consciously choose the places and services that are right for you. The sooner you consult them, the better prepared you will be in the event of a loss of autonomy.
Preserve and know your rights in RPA
Are you considering moving into a seniors' residence ? The Civil Code of Quebec and its various institutions protect the rights of seniors in matters of consumption. To prepare for these procedures in the best possible conditions and choose the location that suits you, there are several factors to consider.
Whatever your level of autonomy, living in a residence for the elderly offers you various advantages:
- Benefit from services included in their living environment (housekeeper);
- Meals on site (optional or included);
- Take advantage of a safe living environment and facilities adapted to seniors;
- Obtain health care;
- Enjoy an active social life and a variety of leisure activities .
Choosing a residence requires some thought and preparation. Not only does it involve a financial commitment, but it will also become your new home. The environment, the team and the services must suit you to appreciate your new living space.
To prepare for this change, find out what services are offered in residences and the standards for protecting seniors that exist in Quebec.
The main services offered in residence and the rights that govern them
Depending on your needs and the type of residence you are looking for, several services can be included in your rent, including:
- Electricity
- Heater
- Cable and telecommunications
- Security within the residence and housing (alarm system, emergency pulls and other regulated devices such as grab bars, surveillance systems, secure access)
Other services are generally optional and can be added to the lease or paid “à la carte” if needed, including:
- Internet
- food service
- Maintenance (cleaning, bedding, laundry, etc.)
- Health (nursing, doctor, physiotherapy, etc.)
- Travel (shuttles organized by the residence)
- Hobbies
If one or more of these services are extra, how should I choose my offers? What to check in the contracts? Learn more about the protection of seniors' rights with respect to membership, recreation and residence leases.
Subscriptions and termination, what are your rights?
Most of the time, you will have to take steps to obtain an Internet connection, telephone access or other additional services that are not included in your rent. To prepare the steps and procedures with companies, here are various elements to consider.
Choose your suppliers
We recommend that you assess your needs and your budget for the desired services. This will allow you to better target the suppliers that suit you.
Then, take the time to shop around for different companies, don't limit yourself to just one. By comparing your choices, you will better know the market conditions and can possibly negotiate your contracts.
Once you have chosen and contacted the first suppliers, communicate your needs and ask them about their promotional offers and the conditions of their subscriptions.
Next, ask for a written contract that includes:
- The detailed services offered;
- The monthly rate and any other additional prices;
- The duration of the contract ;
- The guarantee (if it is a good);
- The conditions for termination of the contract;
- Payment terms.
Take the time to look at each item to verify that the provider and its terms are right for you. Also discuss other conditions, including:
- Are there any additional charges that can be added without my permission?
- Are there installation, cancellation or file opening fees?
- Do they have any ongoing offers and promotions if you take multiple memberships with them?
- If you move, what happens?
Your rights in terms of contract renewal or termination
In terms of contract cancellation, no notice is required. When you announce your intention to end a contract, you are no longer required to pay for the service that is no longer used.
When choosing a supplier, also consider the duration of the contract. Two formulas exist:
- Fixed-term contracts: allow you to re-evaluate offers and/or more easily terminate your contract when they end. They may, however, impose cancellation fees, but these are limited by law.
- Open-ended contracts renew automatically, but may be subject to price fluctuations. So check the duration that best suits your situation.
In the case of renting equipment, such as orthopedic equipment, it is also possible to cancel the contract, sometimes for a fee (depending on the supplier's conditions). On the other hand, the company cannot impose costs that it would have borne if the contract had reached its expiry date.
Hobbies: registration, commitment and termination of classes
In residence as in traditional accommodation, you can take advantage of your free time to attend various courses. Drawing, dancing, singing, language... whatever the activities of your choice, people and establishments are required to respect certain rules.
They must provide you with a written contract stipulating the complete and detailed rate including taxes. You should also find the timetables, conditions and services included there.
In addition, payment terms must comply with the law:
- No payment can be requested before the start of the course;
- For courses exceeding $100: you can make several payments at regular intervals;
- For courses under $100: you can pay it all at once.
If you change your decision, know that you can cancel your registration at any time. In this case, you must notify the establishment in writing. They must then comply with the following reimbursement rules:
- Before the start of the course: full refund of costs and no cancellation or compensation costs can be requested.
- After the start of classes: past classes must be paid for and the school may ask you to pay a penalty (regulated by law).
The residence lease: conditions, rights and obligations
Residences for the elderly are governed by the same conditions as traditional housing. The residence lease is generated by the Administrative Court of Housing (TAL), formerly called Régie du Logement. He must respect the same laws and regulations provided for by the Civil Code of Quebec.
Residential leases usually last for one year and are automatically renewable. In case of disagreement with the owner, or if the lease is not honored by one of the parties, you can then turn to the TAL.
Note that in the case of an RPA, your lease must include:
- The monthly cost of rent (see section D), including the basic cost and those of the services you have chosen;
- Services included in the rent and their cost (see appendix 6 to the lease);
- Additional services and rules of the residence (see section E).
Some rights and obligations of the owner to respect
The accommodation you rent in a residence meets the same criteria as a regular rental. You are at home there and can do whatever you want there, as long as you respect the rules of the residence.
When you read your lease, check that the conditions respect the protection of the rights of elders. Note for example that:
- No deposit can be required, apart from the first month's rent.
- Post-dated checks or a rent increase cannot be imposed during the term of the lease.
- It is forbidden to modify the conditions of the lease during its validity. You can receive a prior notice of change of conditions before its renewal (only 1 time in 12 months).
- The landlord is responsible if something happens in the accommodation that is not caused by the tenant.
- A landlord cannot prohibit the termination or subletting to his tenants.
If you have a pet, be aware that an owner can prohibit the presence of animals. If nothing is mentioned about it, it means that they are admitted. In the event that only dogs are prohibited, you can move in with a cat. Note, however, that some municipalities prohibit the presence of certain animals or breeds.
In addition, the owner cannot refuse smokers. It may nevertheless prohibit smoking inside. Finally, the landlord is required to provide you with accommodation suitable for use. He cannot force you to leave him. He can, however, take it back under certain conditions .
Visit of the residence and signing of the lease
When you visit a residence you are considering, first ask them:
- Welcome document: most provide this for their new residents;
- Ethics charter: residences are required to create one and honor it;
- Certifications: to verify the legitimacy of the RPA and the services it offers.
You will thus have a first idea of your rights and obligations within the residence. If these terms work for you, discuss your needs and the terms to find common ground.
Next, you need to get a sample of the lease before entering into it. This will allow you to take the time to read it and know what you are getting into. Once signed, it is difficult to break it or change services, you are bound by it.
Know that it is forbidden to put any pressure on you to sign a lease. Nor to impose clauses that do not suit you. In addition, to ensure the protection of elders' rights, people with a loss of autonomy should benefit from support to ensure that they sign in a free and informed manner.
Finally, note that you have no time limit to reconsider your decision once the lease has been signed. This is why it is important to consult it in full and to make sure that its conditions are suitable for you.
Terminating a residence lease: what you need to know
As a general rule, if you decide to change accommodation, you have 3 to 6 months to notify the landlord before leaving the premises. Certain cases of departure in residence allow you to terminate your lease more quickly . In order to ensure the protection of elder rights, check that the changes apply the legal rules:
- If you move from traditional accommodation to a care residence for health reasons: you have two months to terminate your lease (for leases of 12 months or more).
- If you change residence: you have the same period only if the residence in which you live does not offer the necessary care for your condition.
However, if the residence in which you live offers all the necessary services and care, the usual period of 3 months applies.
Protection of seniors' rights and consumption: resources
You now know the main features of the protection of the rights of seniors in residence. Whatever your situation, prevention will always be your best ally. If in doubt about the legitimacy of the clauses of your lease or contracts, wait before signing. Consult those around you and get information from reference establishments.
To learn more about your rights, here is a series of guides and resources to answer your questions:
- Lease and housing:
- Law and consumption:
Finally, you can find a range of other resources and services for seniors on the Government of Quebec website.
Find residence accommodation that suits your needs
The Bonjour Résidences team offers you its free services to find accommodation that suits your needs . Depending on your criteria, the region of your choice and your preferences, our accommodation consultants will offer you different choices of residences for the elderly.
Contact us at 1 844 918-1020 for more information and to speak to a member of our team
