by TED WRIGHT

Tenants can have a difficult time when it comes to renting an apartment. Below is a checklist of nefarious practices to watch out for before and after you sign your lease.

Application form illegality or immorality

• Landlord uses fear/power/co-ercion to force signing.

• Illegal info asked on application form (bank account number, Social Insurance, etc.)

• Only the tenant is obligated to accept the lease on the application form, with no obligation for landlord to accept tenant.

• No copy of application form is given to the tenant.

• Landlord does not allow tenant to look over application form or perform a legal check before signing.

• Tenant must sign the illegal application form, or no lease.

• Application form has illegal must-sign clauses, i.e. access to credit reports, assign/sublet conditions, etc.

• Landlord does not allow any clause to counter illegal demands.

• Landlord refuses to give a completed copy of form.

• No expiry time limit on application form.

• Landlord forces prospective tenant to sign an application form without landlord’s signature.

Lease

• Landlord does not give a copy exactly when lease is signed

• Only tenant signs lease right away.

• Landlord takes away the tenant-only-signed-lease.

• Additional illegal clauses added after signing.

• Illegal rent or damage/key deposits demanded.

• Landlord claims no obligation to return any deposit.

• Landlord refuses to give clear receipts for deposits.

• Landlord keeps deposits as damages or processing fees.

• No copy of additional lease or building clauses is given.

• No chance to lease without illegal clauses.

• Landlord does not put former rent or puts in false former rent in lease.

• Landlord forces unwanted lease term.

• Landlord forces lease in non-understood language.

Rent payment

• Landlord demands cash only.

• Landlord forces “Rent is your receipt” clause, which is counter to the Quebec Civil Code—landlords must give rent receipt if asked at moment of paying.

• Landlord forces illegal fees for late payment/bounced cheque.

Rent increase

• Landlord uses fear/power/coercion to increase rent.

• Landlord demands illegal rent increase—used especially for old people/students/immigrants.

• Landlord uses ignorance with old people/immigrants.

• Landlord sends illegal increase notice.

• Landlord gives only two options on increase notice: accept or get out.

• Landlord increase notice hides all legal options.

• Landlord forces increases more than once in a 12-month period.

• Landlord uses other language to hide increase.

• Landlord forces illegal garage lease to coerce larger rent increase.

• Landlord gives no receipt for increase notice—tenants should always return notice via registered mail.

• Landlord drops off notice without providing a copy or receipt.

• Landlord forces illegal rent increase for new tenants (old rent must be put in lease, increase should usually be between one and four per cent).

• Landlord forces new increase after sublet or assignment of lease.

Other

• No heat until or if landlord decides, if heating is included in the lease. Landlord must turn on heating if inside temperature is below 21C.

• Repairs only if landlord decides.

• Repairs only if cash paid to landlord immediately.

• Repairs only if Rental Board decision has occurred.

• Landlord illegally refuses assignment/sublet, or forces money to even consider it.

• Landlord gives repeated verbal false repair promises/refuses to put promises in writing.

• Landlord forces illegal increases in rent because of major repairs (should be about $4 per $1,000 of repairs).

• Landlord forces tenants out by major renovations.

• Landlord forces tenants out by false repossession without financial compensation.

Ted Wright runs the Westmount Legal Clinic. To contact him, e-mail westmountlegalclinic@ hotmail.com. For more on tenants’ rights, visit www.rdl.gouv.qc.ca.