For various reasons, Private Seniors’ Residences (RPAs) may include more restrictive clauses in their lease or building regulations. Some are legal; others are not. Know that tenants always retain their legal rights, regardless of what is written in the documents they signed.
The residence requires a deposit.
This is illegal!
The only amount the residence can ask for when signing the lease is the “total rent” for the first month of your lease. For example, it cannot ask for:
- an amount exceeding the total rent for the first month of the lease;
- a security deposit to cover potential damages to the dwelling;
- any other form of deposit: keys, furniture provided with the dwelling, etc.
The residence states that it reserves the right to evict a resident and terminate the lease whenever it wishes.
This is illegal!
Residents have the right to remain in their dwelling and cannot be evicted without a valid reason. In fact, the residence can only terminate the lease for one of the reasons provided by law, including non-payment of rent, and must first obtain a decision from the Tribunal administratif du logement.
The residence informs its tenants that it limits entry and exit hours as well as visits, or that it imposes a curfew.
This is illegal!
The residence must respect the right to privacy. This means that the tenant has the right, for example, to manage their lifestyle, to enter or leave their dwelling whenever they wish, and to receive whomever they want. However, be aware that the residence has the right to establish rules to promote a peaceful living environment for all tenants, as they also have rights. In such cases, it must do so without infringing on the right to privacy.
The residence specifies that it reserves the right to enter the dwelling at any time.
This is illegal!
The only time the residence can enter a dwelling without prior notice is in case of emergency. Otherwise, it must give at least 24 hours’ notice to inspect its condition, carry out planned work, or show it to a potential buyer of the building.
The residence states that it will require payment for all damages it observes in the dwelling.
This is illegal!
The residence cannot demand payment for damages not caused by the tenant’s fault, or those resulting from normal wear and tear or a case of force majeure (e.g., natural disaster). However, it has the right to demand payment for damages for which the tenant is responsible or those caused by individuals to whom the tenant grants access to the dwelling.
The residence indicates that it will charge you fees higher than the damages you may have caused.
This is illegal!
A residence cannot impose fees higher than the damages a resident has actually caused. For example, if a resident blocks their sink with food debris, the residence can only charge them the actual cost to unblock it. It cannot charge fixed fees higher than the actual cost. Another example: in the case of a bounced check, the residence cannot demand fees higher than what it will actually have to pay its financial institution.
The residence asks you for fees to prepare the dwelling for the new resident.
This is illegal!
The residence has an obligation to provide a dwelling in good condition from the start of the lease. Therefore, it cannot ask for payment to clean or repair the dwelling before the new resident’s arrival.
The residence prohibits smoking in the dwelling.
It has the right to do so!
However, such a clause does not give a landlord the right to refuse a smoker as a tenant, nor, conversely, does it give them the right to rent only to non-smokers, which would be discriminatory. If the resident is a smoker, they must respect the rule and refrain from smoking in the dwelling.
The residence prohibits the presence of animals in the dwellings.
It has the right to do so!
The residence may state in the lease or building regulations that it prohibits the presence of animals or certain types of animals. However, if such a clause does not appear, the resident may infer that their presence is permitted. If an assistance dog were necessary due to a disability, the residence would not have the right to refuse this accommodation, provided that the animal’s presence does not cause excessive constraints. Finally, be aware that it is important to consider municipal regulations in the residence’s territory, as some municipalities prohibit certain animals or dog breeds.
Source: Tribunal administratif du logement (TAL) | Being a Tenant in a Private Seniors’ Residence
Alain St-Jean
Licensed Real Estate Broker, DA – Residential and Commercial
Équipe Alain St-Jean inc.
📞 450-634-4774
📧 Alain@RPAaVendre.com