Did you know that...?
“BREAK” A LEASE - IN WHAT CASES?
A lease is a contract between a tenant and a landlord, and most leases are for a specific term.
Whatever the duration of the lease you sign, you must respect it until the end.
However, you should be aware that the law provides for certain situations that may allow you to terminate your lease, one of which is particularly common in private seniors' residences and other accommodation facilities for this clientele. It is possible for an elderly person to terminate his or her lease if he or she is admitted on a permanent basis to a CHSLD, an intermediate resource or another private residence for seniors that provides the care or personal assistance required by his or her state of health.
If your state of health has deteriorated and/or the care and services offered by the residence where you live no longer meet your needs, you may be eligible to apply for a new residence. Then, subject to certain formalities, you can have your lease terminated after a period of two months (or one month for a lease of less than 12 months or for an indefinite term) following :
- Sending a notice of termination for health reasons to the landlord (see the form on the Tribunal administratif du logement website);
- Accompanied by a certificate confirming your admission to a new residence
- A certificate issued by a health professional (social worker, doctor or nurse), clearly demonstrating the link between your state of health and the need to benefit from the services offered in the new residence.
During this two-month period when your lease remains in force, you must pay the cost of the basic rent, but not the person-related services stipulated therein, if these services have not been provided to you.
Furthermore, if the dwelling is re-rented during this period and you do not occupy it, the lease is terminated as soon as the new tenant signs another lease, and you are released from payment of the rent, unless you have reached a different agreement with the landlord.
Be careful! If the landlord offers you another agreement, make sure it's no less advantageous than the one provided for by law.
If in doubt, contact CAAP! 1 800 263-0670 • gestioncaap@caapmonteregie.ca