Senior citizens who are currently leasing their accommodations may be reluctant to relocate to a residence that is better suited to their needs, fearing that they will be penalized for resiliating their lease before it ends. However, the Civil Code of Québec protects seniors who have to move to more suitable accommodations. Here’s a closer look at the details of Article 1974.
Resiliating your current lease
Sometimes seniors find themselves in a situation where their needs change suddenly and they are no longer autonomous. If you are a tenant in an apartment or a senior’s residence, you may terminate your current lease if you must move to a senior’s residence with care because your circumstances have changed. This section of the Civil Code of Québec may be applicable to your situation if you are assigned low-rent housing or if, following a court decision, you are relocated to an accommodation that more adequately meets your needs.
Dependent senior status
If you are looking to resiliate your lease to move to more suitable accommodations, you must include a certification of dependent senior status along with your notice of lease termination. This certification must be signed by an authorized individual, either a health and social services professional who works in a HSSC, a long-term care facility, a hospital or a medical facility (such as a physician, nurse or social worker). The person signing the certificate must confirm that the senior is not autonomous.
Moving to more suitable accommodations
According to Article 1974, a lease can be cancelled if a person relocates permanently to a private seniors’ residence, a long-term care facility or to an intermediate resource where there are services provided by the facility according to your health status. Termination of lease for health reasons for an elderly person takes effect (2) two months after giving notice if the lease is for an indefinite period or under 12 months. Note that termination may take effect before, if you establish a new end date with your landlord or if the landlord leases the apartment you have released to another tenant during that same period.
Rent payments and termination of the lease
If the tenant vacates the property before the lease is cancelled, they must continue to pay rent until the date of termination of the lease. Any additional services to be received during the period of the lease (services or care) will not be considered as owing. Instead, they will be required to pay the basic rent amount until the effective date of the termination of the lease.
- If you will be cancelling your lease and would like more information about article 1974 of the Civil Code of Québec (Title two – nominate contracts, chapter four – lease)
- Lease termination notice
- Dependent Senior Status Certification
- Official Rental Board document needed to sign a lease with a private residence: Sign a lease with a private residence, A Guide for Seniors and Owners.
Need help ? Residences Advisors provide the guidance you need
If you need help finding a private senior’s residence or you would like guidance with regards to terminating your lease as a senior, contact a Residences Advisor for seniors in Montréal by calling 514 996-2887.