What if my tenant refuses a rent increase?

Modified on Wed, 22 May at 4:00 PM

The rent increase can be a more complex process than you might think. If your tenant refuses the increase, we recommend that you first verify that the rent increase has been properly calculated and that it does not contain an error.

If you are a member of CORPIQ, you can consult our rent adjustment calculation grid which compares the result of what it proposes with that of the official grid of the Tribunal administratif du logement. 

If you are not yet a member of CORPIQ, you can still refer to the rent increase calculation proposed by the Tribunal administratif du Logement.

You should know that the Tribunal administratif du logement explicitly states: "The right to maintain occupancy means that the tenant can refuse these modifications and still remain in the dwelling. If this is the case, the landlord can apply to the Tribunal administratif du logement for a ruling on the proposed changes. Click here to consult this page.

As you have understood, your tenant has the right to refuse his or her rent increase, however, two alternatives may be available to you: 

  1. Approach your tenant and negotiate. Tell him or her concretely why your increase is justified. When the other party understands the reasons for the increase, it is easier to negotiate. If you wish, the Tribunal administratif du logement has resources that can help you. Click here to view them.
  2. The negotiation doesn't seem to be going well, yet your increase seems totally justified. Apply directly to the Tribunal administratif du logement for a rent adjustment application. ATTENTION, it is very important to make this request within one month of the tenant's refusal. Otherwise, the lease will be renewed at the same rent and under the same conditions as the current lease.
  3. Exception: for a building less than 5 years old, a landlord can increase the rent at will. As stated in article 1955 of the Civil Code of Quebec, a tenant cannot refuse or contest this rent if he decides to renew his or her lease. However, the landlord must make sure that he or she has informed the tenant of this through clause F of the lease.

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