Here come the rent increase notices!

To begin with, let me remind you of the 'suggested' rent increase rates, as emitted by the Régie du logement (rental board) on Jan. 28. Never forget that rent increases are not carved in stone.

I will also answer frequently asked questions, which historically surround the rent increase time period.

For dwellings which are electrically heated, included with the rent, the suggested increase is 0.8 per cent.

For dwellings which are heated with gas, included with the rent, the suggested increase is 0.5 per cent.

For dwellings heated with oil, included with the rent, the suggested increase is 1.3 per cent.

For non-heated dwellings (tenants pays heat on top of rent), the suggested increase is 0.7 per cent.

Remember, the above rates do not include, taxes, major repairs or insurance cost increases. Their influence on any rent increase may be discovered by using the rental board's form Calculation 2008, available online in English or French, at www.rdl.gouv.qc.ca. It may also be picked up at their offices, in the Olympic Village, or in the old CBC building on René Lévesque Boulevard at Mackay Street, on the sixth floor.

The Top Ten rent increase FAQs

1. The landlord has not done any work at all during the past year. How can he ask for any rent increase whatsoever?

Answer: A rent increase is not based solely on repairs. The building owner is entitled to recuperate from all tenants, their share of energy costs, taxes, insurance cost increases, etc. Therefore, work done is not the only factor which goes into any rent increase.

2. The landlord sends the rent increase notice and only offers two choices of response — accept the rent increase as written or move out.

Answer: There are really three choices available to a tenant. If all three choices are not included in the notice of increase, and the increase letter is a systematized notice, then the landlord is being less than honest. Tenants have three choices: Accept the rent increase and lease changes and renew the lease; refuse the rent increase and changes and renew the lease; or accept or refuse the rent increase or changes and renew the lease.

Or you can refuse all and notify landlord you will move out, not renewing the lease.

So you see that any landlord who gives only two choices (accept the increase or move out) is being less than honest in the rent increase notice. Unfortunately, this technique is used by many landlords to either force the rent increase to be accepted or to get rid of older and/or long-term tenants.

3. Can a tenant and landlord negotiate their own mutually acceptable rent increase?

Answer: Absolutely. Every landlord and tenant have the legal right to sit down and negotiate among themselves an acceptable rent increase. This should be in writing, clearly spelled out.

4. Can a tenant legally ask the landlord to show his bills and any invoices which contribute to the rent increase, before agreeing to it?

Answer: Yes a tenant can ask to see the bills, etc. But the landlord is not legally obligated to do so. However — and this is important — even if the landlord chooses to not show the bills in an attempt to negotiate a rent increase, to avoid court, he will be obligated to show all the bills to the Régie du logement. It makes more sense to make the bills available to tenants to look over.

5. What happens if a tenant gets the rent increase notice after March 31, 2008?

Answer: That depends. The notice either has to be postmarked no later than the March 31 or received by the tenant no later than this date. If a landlord sends the notice on March 31 and the tenant picks it up in April, or later, it still is a valid legal notice of rent increase. What is important is that the postmark is no later than March 31.

6. As a non-legal person, how can I do my own calculation of any rent increase?

Answer: Very easily. The Régie du logement has its own website www.rdl.gouv.qc.ca) and also has an electronic Calculation 2008 form right on the website which can be filled in. It is self-calculating, and can be printed out. Click on the English icon in the top-right corner. Next, under Quick Access, click on Calculation 2008.

You will then have three choices. Calculate using the electronic version right there online, print the short version of the form so you can fill it out manually, or print out an example of how you do the form itself. Pretty easy. My suggestion is that you do all three so you can have the document in front of you, refer to an example then enter the actual numbers and print that out for yourself.

7. Is there any other form I should know about which is used for rent increases?

Answer: Yes. There is one more form. It is called The RN Form. It is the form every landlord must complete with all the necessary information (Renseignements nécessaires) that is used to legally justify the particular rent increase. If the case goes to court, it must be filled out. Every tenant has the right to get a copy with all numbers entered by the landlord and look it over before your dossier is heard.

8. What happens if a tenant or landlord unreasonably refuses to either provide the necessary information for a fixation (rent increase case) or just will not look at it?

Answer: For the landlord, if he makes serious, documented efforts to prove in good faith to the tenant the legality of a rent increase amount and the tenant just completely and absolutely refuses any attempt to look at it or verify the figures, the landlord can ask the court, with appropriate proofs, to pay for the cost of filing the Demand for Rent Fixation. If the court decides that the tenant must pay costs, it can amount to a monthly rent increase of approximately another $6.

For the tenant, in his letter of response, he should clearly ask to see the bills and remain open to negotiate with the landlord. Should a landlord clearly refuse to do so, most likely the landlord will be forced by the court to pay all court costs as per the current guidelines.

9. As a landlord or a tenant, how do I know what bills can be used for rent increase?

Answer: Very easily. Three documents can be downloaded from the Régie website, picked up at its offices or mailed to you and read. The Calculation Form 2008, the Press Release 2008 and the information pamphlet entitled Renewing the Lease of a Dwelling. These will provide to all parties an almost complete overview of the process of rent increase.

10. When does the new rent increase, asked for in the notice, apply?

Answer: Several different areas of response exist here. No rent increase must be paid until, and if, the court decides it to be so. A landlord does not have the legal right to force a tenant to pay the requested rent increase until it is negotiated or decided by a legal decision of the Régie. The tenant must then pay all arrears in rent owed, as soon as the Régie makes its decision. The tenant does not have the right to make the landlord wait for back rent owed as per the decision. The tenant should be putting aside additional rent money for eventual payment to the landlord so they will not be charged with non-payment of the rent.

There you have it. Cut this out and save it, for it can help resolve differences of opinion.

• This is a general overview only. Please seek legal counsel or come and see us. Ted Wright is coordinator of Westmount Legal Clinic, every Wednesday at 3:30 p.m. at the Westmount YMCA, 4585 Sherbrooke St. W. Send questions to tedquestions@yahoo.ca or via fax to 514-277-8403, or mail to P.O. Box 48101, Montréal, Qc., H2V 4S8. Please provide a phone number to verify identity. Your name will not be published without your permission. Mr. Wright contributes to various media in Canada, both print and electronic. Should you wish personal, more extensive assistance, professional fees may apply. He may also be heard on the Know Your Rights legal show every Saturday at 2:30 p.m. on CINQ 102.3 FM. Podcasts of shows are available for one week after original airing at www.radiocentreville.com. Ted Wright is a regular contributor to CJAD 800 News on rental issues and can also be heard every so often on 940 NEWS Montreal's legal affairs programme Sidebar with Dino Mazzone, every Friday evening from 8 to 10 p.m. on 940 AM.