Andrew Zaichkowsky. address. Name. address

Transcription

1 Montréal area: BAIL* Elsewhere in Québe : BAIL* LEASE of a Dwelling *An automated information servie is available around the lok. RÉGIE DU LOGEMENT MANDATORY FORM TWO COPIES A BETWEEN THE LESSOR (WRITE LEGIBLY) AND THE LESSEE (WRITE LEGIBLY) Québe In. Name 300, rue Stillview No. Street Apt. Pointe-Claire H9R 0A1 Muniipality Postal ode (514) Other (ell phone) address Andrew Zaihkowsky Name 300 rue Stillview 618 No. Street Apt. Pointe laire H9R 0A1 Muniipality Postal ode Other (ell phone) address Name No. Street Apt. Name No. Street Apt. Muniipality Postal ode Muniipality Postal ode Other (ell phone) Other (ell phone) address Where appliable, represented by: Nathalie Fakini address B The names indiated in the lease must be those that the lessor and the lessee are legally authorized to use. The term lessor in the Civil Code of Québe generally refers to the owner of the immovable. DESCRIPTION AND DESTINATION OF LEASED DWELLING, ACCESSORIES AND DEPENDENCIES (art C.C.Q.) Address 300, Rue Stillview 618 No. Street Apt. Pointe-Claire, QC H9R 0A1 1.5 Muniipality Postal ode Number of rooms The dwelling is leased for residential purposes only. Yes No If the No box is heked off, the dwelling is leased for the ombined purposes of housing and, Speify (e.g. professional ativities, ommerial ativities) but no more than one-third of the total floor area will be used for that seond purpose (art C.C.Q.). The dwelling is loated in a unit under divided o-ownership. Yes No Outdoor parking Number of plaes 0 Parking spae(s) Indoor parking Number of plaes 0 Parking spae(s) Loker or storage spae Speify Other aessories and dependenies Speify Furniture is leased and inluded in the rent. Yes No Applianes Washer Chest(s) of drawers 1 Other Number Stove Dryer Couh(es) 0 Landlord reserves the right to Number Mirowave oven Furniture Armhair(s) 0 loate the tenant in another room Number Dishwasher Table(s) 1 Bed(s) 1 of the residene whit 30 day notie Number Number Size Refrigerator Chair(s) 1 Landlord shall bear the osts. Number The lessor and the lessee undertake, in aordane with their respetive responsibilities, to omply with the regulations respeting the presene and proper working order of one or more smoke detetors in the dwelling and the immovable. LESSOR S COPY Initials of lessor Initials of lessor Day Month Year C TERM OF LEASE (art C.C.Q.) FIXED TERM LEASE The term of the lease is 12 Months. Speify number of weeks, months or years From to INDETERMINATE TERM LEASE The term of the lease is indeterminate, beginning on. Neither the lessor nor the lessee may terminate the lease unilaterally, exept in the ases provided for by law (partiulars Nos. 5, 9, 23, 24, 45 and 51). However, they may terminate the lease by mutual onsent. Régie du logement 87 1 of 8 May not be reprodued February 2015 Initials of lessor

2 PARTICULARS In the ase of differenes between this doument and the laws that apply to dwellings, the laws take priority. GENERAL INFORMATION These partiulars desribe most of the rights and obligations of lessors and lessees. They summarize the essential points of the law onerning leases, i.e. artiles 1851 to 1978 of the Civil Code of Québe (C.C.Q.). The examples given in the partiulars are provided for information purposes and are used to illustrate a rule. To find out the other obligations to whih the parties to a lease may be subjet, please refer to the Civil Code of Québe. No right may be exerised with the intent of injuring another or in an exessive and unreasonable manner that is ontrary to the requirements of good faith (arts. 6, 7 and 1375 C.C.Q.). The partiulars apply to any premises leased for residential purposes, as well as to the servies, aessories and dependenies attahed to the dwelling, whether or not they are inluded in the lease of the dwelling or in another lease. Some exeptions apply (arts and C.C.Q.). Exept if the size of the dwelling justifies it, a lessor may not refuse to enter into a lease with a person or to maintain the person in his or her rights, or impose more onerous onditions on the person for the sole reason that the person is pregnant or has one or several hildren. Nor an he or she so at for the sole reason that the person has exerised his or her rights under the hapter entitled Lease of the Civil Code of Québe or under the At respeting the Régie du logement (art C.C.Q.). No person may harass a lessee in suh a manner as to limit the lessee s right to peaeable enjoyment of the premises or to indue him or her to leave the dwelling. In ase of a violation, punitive damages may be laimed (art C.C.Q.). Any non-performane of an obligation by a party entitles the other party to pursue ertain remedies before a tribunal, generally the Régie du logement. These remedies onern, for example, the performane of an obligation, redution of the rent, resiliation of the lease, damages and, in ertain ases, punitive damages. Charter of human rights and freedoms These rights and obligations shall be exerised in ompliane with the rights reognized by the Charter, whih presribes, among other things, that every person has a right to respet for his or her private life, that every person has a right to the peaeful enjoyment and free disposition of his or her property, exept to the extent provided by law, and that a person s home is inviolable. The Charter also prohibits any disrimination and harassment based on rae, olour, sex, pregnany, sexual orientation, ivil status, age exept as provided by law, religion, politial onvitions, language, ethni or national origin, soial ondition, a handiap or the use of any means to palliate a handiap. The Charter also protets seniors and handiapped persons against any form of exploitation. Any person who is a vitim of disrimination or harassment for one of those reasons may file a omplaint with the Commission des droits de la personne et des droits de la jeunesse. Aess to douments and protetion of personal information If the lessor is a publi body, he or she shall omply with the presriptions of the At respeting Aess to douments held by publi bodies and the Protetion of personal information. Otherwise, the lessor shall omply with the presriptions of the At respeting the Protetion of personal information in the private setor. Other leases and Shedule 6 Speial rules apply to the lease of a dwelling in low-rental housing, the lease of a dwelling in an eduational institution, the lease of land intended for the installation of a mobile home and the lease of a dwelling in a ooperative. If the lease inludes servies in addition to those indiated on this form, inluding servies of a personal nature, Shedule 6 to the lease, Servies Offered to the Lessee by the Lessor, shall be ompleted. ENTERING INTO THE LEASE Language of the lease and of the by-laws of the immovable 1. The lease and the by-laws of the immovable shall be drawn up in Frenh. However, the lessor and the lessee may expressly agree to use another language (art C.C.Q.). Clauses of the lease 2. The lessor and the lessee may agree on various lauses, but they may not disregard the provisions of publi order by means of a lause in the lease. The legal rules ontained in partiulars Nos. 13, 14 and 52 to 54 are suppletive, i.e. they apply if the parties do not deide otherwise. 3. Pursuant to artile 1893 of the Civil Code of Québe, lauses that are inonsistent with artiles nd par., 1856 to 1858, 1860 to 1863, 1865, 1866, 1868 to 1872, 1875, 1876, 1883, 1892 to 1978 and 1984 to 1995 of the Code are without effet. For instane, no one may, in the lease: waive his or her right to maintain oupany (art C.C.Q.); waive his or her right to sublease the dwelling or to assign the lease (art C.C.Q.). A person may not release himself or herself from the obligation to give notie (art C.C.Q.). The following lauses are also without effet: a lause limiting the liability of the lessor or releasing the lessor from an obligation (art C.C.Q.); a lause that renders the lessee liable for damage aused without the lessee s fault (art C.C.Q.); a lause that modifies the rights of the lessee by reason of an inrease in the number of oupants, unless the size of the dwelling warrants it (art C.C.Q.); a lause providing for an adjustment of the rent in a lease with a term of 12 months or less (art C.C.Q.); a lause in a lease with a term of more than 12 months providing for an adjustment of the rent during the first 12 months of the lease or more than one during eah 12-month period (art C.C.Q.); a lause whereby the lessee aknowledges that the dwelling is in good habitable ondition (art C.C.Q.); a lause providing for the total payment of the rent if the lessee fails to pay an instalment (art C.C.Q.); a lause limiting the right of the lessee to purhase property or obtain servies from suh persons as the lessee hooses, and on suh terms and onditions as he or she sees fit (art C.C.Q.). 4. The lessee may apply to the Régie du logement to have a lause in the lease reognized as abusive, in whih ase the lause may be anelled or the obligation arising from it may be redued (art C.C.Q.). RIGHT TO MAINTAIN OCCUPANCY 5. The lessee, exluding a sublessee (art C.C.Q.), has a personal right to maintain oupany in his or her dwelling (art C.C.Q.). The lessee may be evited from his or her dwelling only in ertain ases provided for by law, inluding the repossession of the dwelling, evition and the resiliation of the lease by the lessor. In addition, the lessor may give notie that the lease is not being renewed where the lessee has subleased the dwelling for more than 12 months and where the lessee lived alone 4 of 8 and has died (art C.C.Q.). 6. The right to maintain oupany may be extended to ertain persons where ohabitation with the lessee eases or where the lessee dies, provided that those persons omply with the formalities provided for by law (art C.C.Q.). However, those persons are not onsidered to be new lessees (art C.C.Q.). New lessor 7. The new lessor of an immovable is bound to respet the lease of the lessee. The lease is ontinued and may be renewed in the same manner as any other lease (art C.C.Q.). 8. Where the lessee has not been personally informed of the name and address of the new lessor or of the person to whom he or she owes payment of the rent, the lessee may, with the authorization of the Régie du logement, deposit the rent with it (art C.C.Q.). Death 9. A lease is not terminated by the death of the lessor or the lessee (art C.C.Q.). A person who was living with the lessee at the time of the lessee s death may beome the lessee if he or she ontinues to oupy the dwelling and gives notie to that effet in writing to the lessor within two months after the death. Otherwise, the liquidator of the suession or, if there is no liquidator, an heir may, in the month that follows the expiry of the two-month period, terminate the lease by giving notie of one month to that effet to the lessor. If no one was living with the lessee at the time of his or her death, the liquidator of the suession or, if there is no liquidator, an heir may resiliate the lease by giving the lessor two months notie within six months after the death. The resiliation takes effet before the two-month period expires if the liquidator or the heir and the lessor so agree or when the dwelling is re-leased by the lessor during that same period. In all ases, if the lessee reeived servies of a personal nature, whether or not he or she lived alone, the liquidator, the heir or, where appliable, the person who lived in the dwelling with the lessee is only required to pay that part of the rent that relates to the servies that were provided to the lessee during his or her lifetime (arts and 1939 C.C.Q.). Non-payment of rent 10. Non-payment of rent entitles the lessor to apply to the tribunal for a ondemnation foring the lessee to pay it. Also, if the lessee is over three weeks late in paying the rent, the lessor may obtain the resiliation of the lease and the evition of the lessee. Frequent late payment of the rent may also warrant the resiliation of the lease if the lessor suffers serious prejudie as a result (arts and 1971 C.C.Q.). LIABILITY OF SPOUSES AND CO-LESSEES Liability of persons who are married or in a ivil union 11. A married or ivil union spouse who rents a dwelling for the urrent needs of the family also binds the other spouse for the whole, if they are not separated from bed and board, unless the other spouse has previously informed the lessor of his or her unwillingness to be bound for the debt (arts. 397 and C.C.Q.). Liability of o-lessees and surety 12. If the lease is signed by more than one lessee, the lessees are jointly liable for the obligations arising out of the lease, i.e. eah of them is liable for his or her own share only (art C.C.Q.). However, the o-lessees and the lessor may agree that the liability will be solidary. In suh ase, eah lessee may be held liable for all the obligations of the lease (art C.C.Q.).

3 D The rent is $ Per month Per week The total ost of servies is $ Per month Per week The total rent is $ Per month Per week The lessee is a benefiiary of a rent subsidy program. Yes No Speify DATE OF PAYMENT FIRST PAYMENT PERIOD The rent will be paid on OTHER PAYMENT PERIODS The rent will be paid on the 1st day Of the month Of the week Or on. Speify METHOD OF PAYMENT The rent is payable in aordane with the following method of payment: Cash Cheque Eletroni bank transfer Other. The lessee agrees to give the lessor postdated heques for the term of the lease. Yes No PLACE OF PAYMENT The rent is payable at. Plae of payment (speify if the payment is made by mail, if appliable) E RENT (arts. 1855, 1903 and 1904 C.C.Q.) BY-LAWS OF THE IMMOVABLE A opy of the by-laws of the immovable was given to the lessee before entering into the lease. Given on DIVIDED CO-OWNERSHIP A opy of the by-laws of the immovable was given to the lessee. Given on WORK AND REPAIRS The work and repairs to be done by the lessor and the timetable for performing them are as follows: Before the delivery of the dwelling During the lease JANITORIAL SERVICES Speify The ontat information for the janitor or the person to ontat if neessary is as follows: Joel Bilodeau Name Where appliable, enter the ost of servies of a personal nature in Shedule 6 to the lease: Servies Offered to the Lessee by the Lessor. SERVICES AND CONDITIONS jbilodeau@residenevivalis.om address SERVICES, TAXES AND CONSUMPTION COSTS (514) Other telephone No. (ell phone) Rent: The rent is payable in equal instalments not exeeding one month s rent, exept for the last instalment, whih may be less. A lease with a term of more than 12 months may undergo only one adjustment of the rent during eah 12-month period. No adjustment may be made within the first 12 months (art C.C.Q.). The lessor may not exat any other amount of money from the lessee (e.g. deposit for the keys). Payment of rent for the first payment period: At the time of entering into the lease, the lessor may require advane payment of the rent for only the first payment period (e.g. the first month, the first week). The advane payment may not exeed one month s rent. Payment of rent for the other payment periods: The rent is payable on the first day of eah payment period (e.g. month, week), unless otherwise agreed. Method of payment: The lessor may not require payment by means of a postdated heque or any other postdated instrument, unless otherwise agreed. Proof of payment : The lessee is entitled to a reeipt for the payment of his or her rent in ash (arts and 1568 C.C.Q.). Plae of payment : The rent is payable at the lessee s domiile, unless otherwise agreed (art C.C.Q.). By-laws of the immovable: The rules to be observed in the immovable are established by by-laws. The by-laws pertain to the enjoyment, use and maintenane of the dwelling and of the ommon premises. If suh by-laws exist, the lessor must give a opy of them to the lessee before entering into the lease so that the by-laws form part of the lease (art C.C.Q.). If the dwelling is loated in an immovable under divided o-ownership, the by-laws will apply as soon as a opy of them has been given to the lessee by the lessor or by the syndiate of the o-ownership (art C.C.Q.). The by-laws may not ontradit the lease or violate the law. Work and repairs: On the date fixed for the delivery of the dwelling, the lessor must deliver it in a good state of repair in all respets. However, the lessor and the lessee may deide otherwise and agree on the work to be done and on a timetable for performing the work (art st par. and art C.C.Q.). However, the lessor may not release himself or herself from the obligation to deliver the dwelling, its aessories and dependenies in lean ondition and to deliver and maintain them in good habitable ondition (arts. 1892, 1893, 1910 and 1911 C.C.Q.). Assessment of the ondition of premises: In the absene of an assessment of the ondition of the premises (desriptions, photographs, et.), the lessee is presumed to have reeived the dwelling in good ondition at the beginning of the lease (art nd par. C.C.Q.). Will be borne by: Lessor Lessee Lessor Lessee Heating of dwelling Water onsumption tax for dwelling Eletriity Gas Fuel oil Snow and ie removal } Gas Parking area other than for heating Eletriity Balony Hot water heater (rental fees) Entrane, walkway, driveway Hot water (user fees) Stairs LESSOR S COPY CONDITIONS The lessee has a right of aess to the land. Yes No Speify The lessee has the right to keep one or more animals. Yes No whit visitors only Speify OTHER SERVICES, CONDITIONS AND RESTRICTIONS (e.g. antenna, barbeue, air onditioner, lothesline, painting, pool, laundry room) 87 2 of 8 Initials of lessor

4 Solidarity between o-lessees is not presumed. It exists only where it is expressly stipulated in the lease (art C.C.Q.). Suretyship seuring the performane of the obligations of the lessee does not extend to the renewal of the lease, unless otherwise provided between the parties (art C.C.Q.). The solidary nature of the surety may be expressly stipulated in the lease (arts and 2352 C.C.Q.). ENJOYMENT OF PREMISES 13. The lessor shall provide the lessee with peaeable enjoyment of the leased property throughout the term of the lease (art st par. C.C.Q.). 14. The lessee shall, throughout the term of the lease, use the leased property with prudene and diligene, i.e. he or she must use it in a reasonable fashion (art C.C.Q.). 15. The lessee may not, without the onsent of the lessor, use or keep in the dwelling a substane that onstitutes a risk of fire or explosion and that would lead to an inrease in the insurane premiums of the lessor (art C.C.Q.). 16. The oupants of a dwelling shall be of suh a number as to allow eah of them to live in normal onditions of omfort and sanitation (art C.C.Q.). 17. The lessee and the persons he or she allows to use or to have aess to the dwelling shall at in suh a way as not to disturb the normal enjoyment of the other lessees (art C.C.Q.). 18. During the term of the lease, the lessor and the lessee may not hange the form or destination of the dwelling (art C.C.Q.). MAINTENANCE OF DWELLING AND REPAIRS Obligation of maintenane 19. The lessor is bound to warrant the lessee that the dwelling may be used for the purpose for whih it was leased and to maintain the dwelling for that purpose throughout the term of the lease (art nd par. C.C.Q.). 20. The lessee shall keep the dwelling in lean ondition. Where the lessor arries out work in the dwelling, he or she shall restore it to lean ondition (art C.C.Q.). 21. A lessee who beomes aware of a serious defet or deterioration of the dwelling shall inform the lessor within a reasonable time (art C.C.Q.). 22. The statutes and regulations respeting the safety, sanitation, maintenane or habitability of an immovable shall be onsidered as obligations under the lease (art C.C.Q.). Dwelling unfit for habitation 23. A lessor may not offer a dwelling that is unfit for habitation, i.e. if it is in suh a ondition as to be a serious danger to the health or safety of its oupants or the publi. The lessee may refuse to take possession of suh a dwelling. In suh ase, the lease is resiliated automatially (arts and 1914 C.C.Q.). 24. The lessee may abandon the dwelling if it beomes unfit for habitation. In suh ase, he or she shall inform the lessor of the ondition of the dwelling before abandoning it or within the following 10 days (art C.C.Q.). Urgent and neessary repairs 25. The lessee shall allow urgent and neessary repairs to be made to ensure the preservation or enjoyment of the leased property, but he or she retains, aording to the irumstanes, reourses, inluding the right to ompensation if he or she vaates the dwelling temporarily. In the ase of urgent repairs, the lessor may require the lessee to vaate the property temporarily, without notie and without authorization from the Régie du logement (art C.C.Q.). 26. The lessee may, without the authorization of the Régie du logement, undertake repairs or inur expenses provided they are urgent and neessary to ensure the preservation or enjoyment of the leased property. However, the lessee may do so only if he or she has informed or attempted to inform the lessor of the situation and if the latter has not ated in due ourse. The lessor may intervene at any time to pursue the work. The lessee shall render an aount to the lessor of the repairs undertaken and the expenses inurred and shall deliver the invoies to the lessor. The lessee may withhold from his or her rent an amount for reasonable expenses inurred (arts and 1869 C.C.Q.). Major non-urgent work (arts to 1929 C.C.Q.) 27. The lessor shall give notie to the lessee before undertaking in the dwelling major improvements or repairs that are not urgent. If it is neessary for the lessee to vaate the dwelling temporarily, the lessor shall offer him or her an indemnity equal to the reasonable expenses the lessee will have to inur during the work. Suh indemnity is payable to the lessee on the date he or she vaates the dwelling. The notie shall indiate the nature of the work, the date on whih it is to begin, an estimation of its duration and, where appliable, the neessary period of vaany, the indemnity offered and any other onditions under whih the work will be arried out, if it is of suh a nature as to ause a substantial redution of the enjoyment of the premises by the lessee. The notie shall be given at least 10 days before the date on whih the work is to begin, exept where the lessee must vaate the dwelling for more than one week. In suh ase, at least three months notie is required. If the lessee fails to reply within 10 days after reeiving the notie requiring him or her to vaate the dwelling temporarily, the lessee is deemed to have refused to vaate the premises. If the lessee refuses to vaate or fails to reply, the lessor may, within 10 days after suh refusal, apply to the Régie du logement for a ruling on the matter. However, if the notie does not require the lessee to vaate the dwelling temporarily or if the lessee agrees to vaate, the lessee may, within 10 days after reeiving the notie, apply to the Régie du logement to modify or suppress any ondition relating to the performane of the work that he or she onsiders abusive. The Régie du logement may be required to rule on the reasonableness of the work, the onditions relating to its performane, the neessity of the vaany and the indemnity, if any. ACCESS TO AND VISIT OF DWELLING 28. To exerise rights of aess to the dwelling, the lessor and the lessee are bound to at in good faith: the lessee shall failitate aess to the dwelling and shall not refuse aess without justifiation; the lessor shall not abuse his or her rights and shall exerise them in a reasonable manner with due respet for privay (arts. 3, 6, 7, 1375 and 1857 C.C.Q.). 29. The lessor may have aess to the dwelling during the lease: to asertain the ondition of the dwelling between 9 a.m. and 9 p.m.; to show the dwelling to a prospetive aquirer between 9 a.m. and 9 p.m.; to arry out work between 7 a.m. and 7 p.m. In all three ases, the lessor shall notify the lessee verbally 24 hours in advane. In the ase of major work, the period for giving notie differs (arts. 1898, 1931 and 1932 C.C.Q.). 30. A lessee who gives notie to the lessor of his or her intention to vaate the dwelling shall, from that time, allow the lessor to show the dwelling to prospetive lessees between 9 a.m. and 9 5 of 8 p.m., and allow the lessor to post For rent signs (arts and 1932 C.C.Q.). The lessor is not required to notify the lessee 24 hours in advane of a visit by a prospetive lessee. 31. The lessee may require the presene of the lessor or his or her representative during a visit to or a verifiation of the dwelling (art C.C.Q.). 32. Exept in ase of emergeny, the lessee may deny aess to the dwelling if the onditions fixed by law are not satisfied. Where the lessee denies aess to the dwelling for a reason other than those provided for by law, the lessor may file an appliation with the Régie du logement to obtain an order for aess. Abuse of the right of aess by the lessor or unjustified denial of aess by the lessee may also, depending on the irumstanes, allow the exerise of ertain remedies, suh as the filing of an appliation for damages or punitive damages (arts. 1863, 1902, 1931 to 1933 C.C.Q. and s. 49 of the Charter). 33. No lok or other devie restriting aess to a dwelling may be installed or replaed without the onsent of the lessor and the lessee (art C.C.Q.). 34. The lessor may not prohibit a andidate in a provinial, federal, muniipal or shool eletion, an offiial delegate appointed by a national ommittee or the authorized representative of either from having aess to the immovable or dwelling for the purposes of an eletion ampaign or a legally onstituted referendum (art C.C.Q.). NOTICES 35. Every notie relating to the lease, given by the lessor (e.g. notie of modifiation of the lease to inrease the rent) or by the lessee (e.g. notie of non-renewal of the lease), shall be written and drawn up in the same language as the lease. It shall be given at the address indiated in the lease or at any new address ommuniated sine then (art C.C.Q.). Exeption : Only a notie by the lessor for the purpose of having aess to the dwelling may be given orally. 36. Where a notie does not onform to the presribed requirements onerning the written form, the address or the language, it is valid only on the ondition that the person who gave it proves that the addressee has not suffered any damage as a onsequene. RENEWAL AND MODIFICATION OF LEASE Renewal of lease 37. A lease with a fixed term is renewed of right when the lease expires, whih means that it is automatially renewed at term on the same onditions and for the same term. However, a lease with a term of more than 12 months is renewed for one year only (art C.C.Q.). The lessor may not prevent the lease from being renewed, exept in ertain ases (art C.C.Q.). However, the lessor may modify the lease at the time of renewal, provided that he or she gives notie to the lessee. The lessee may avoid suh renewal, provided that he or she gives notie to the lessor. Non-renewal of lease by the lessee 38. A lessee who wishes to vaate the dwelling upon termination of a lease with a fixed term, or to terminate a lease with an indeterminate term, shall give notie to the lessor or reply to the lessor s notie within the time periods indiated in Table A (arts. 1942, 1945 and 1946 C.C.Q.). Modifiation of lease 39. The lessor may modify the onditions of the lease at the time of its renewal. For instane, the lessor may modify its term or inrease the rent. To that end, he or she shall give notie of the modifiation to the lessee within the time periods indiated in Table B (art C.C.Q.).

5 F The lessor and the lessee may not apply to the Régie du logement for the fixing of the rent or for the modifiation of another ondition of the lease if one of the following situations applies: The dwelling is loated in an immovable ereted five years ago or less. The immovable beame ready for habitation on. OR The dwelling is loated in an immovable whose use for residential purposes results from a hange of destination that was made five years ago or less. The immovable beame ready for habitation on. However, the tribunal may rule on any other appliation onerning the lease (e.g. derease in rent). G Mandatory notie to be given by the lessor at the time the lease or sublease is entered into, exept when one of the two boxes in Setion F is heked off. I hereby notify you that the lowest rent paid for your dwelling during the 12 months preeding the beginning of your lease, or the rent fixed by the Régie du logement during that period, was $ Per month Per week Other The property leased, the servies offered by the lessor and the onditions of your lease are the same. Yes RESTRICTIONS ON THE RIGHT TO HAVE THE RENT FIXED AND THE LEASE MODIFIED (art C.C.Q.) NOTICE TO A NEW LESSEE OR A SUBLESSEE (arts and 1950 C.C.Q.) No If the No box is heked off, the following hanges have been made (e.g. addition of servies of a personal nature, personal assistane servies and nursing are, parking, heating): If one of the two boxes opposite is heked off and if the five-year period has not yet expired, the lessee who refuses a modifiation in his or her lease requested by the lessor, suh as an inrease in the rent, must vaate the dwelling upon termination of the lease (partiulars Nos. 39 and 41). If neither of the two boxes opposite is heked off and if the lessee refuses a modifiation in his or her lease requested by the lessor and wishes to ontinue to live in the dwelling, the lease is then renewed. The lessor may apply to the Régie du logement to have the onditions of the lease fixed for the purposes of its renewal (partiulars Nos. 41 and 42). If the new lessee or the sublessee pays a rent higher than that delared in the notie, he or she may, within 10 days after the date the lease or sublease is entered into, apply to the Régie du logement to have the rent fixed. If the lessor did not give suh notie at the time the lease or sublease was entered into, the new lessee or the sublessee may, within two months after the beginning of the lease, apply to the Régie du logement to have his or her rent fixed. The new lessee or the sublessee may also make suh appliation within two months after the day he or she beomes aware of a false statement in the notie. Signature of lessor H SIGNATURES Signature of lessor (or his or her mandatary) Signature of lessee (or his or her mandatary) Signature of lessor (or his or her mandatary) Signature of lessee (or his or her mandatary) The lessees undertake to be solidarily liable for the lease (partiulars Nos. 11 and 12). Yes No Any other person who signs the lease must learly indiate in what apaity he or she is doing so (e.g. another lessor, another lessee, surety). (Partiular No. 12) Name (WRITE LEGIBLY) Signature Capaity Address of signatory Name (WRITE LEGIBLY) Signature Capaity Address of signatory I The lessor must give the lessee a opy of the lease within 10 days after entering into the lease (art C.C.Q.). NOTICE OF FAMILY RESIDENCE (arts. 403 and C.C.Q.) A lessee who is married or in a ivil union may not, without the written onsent of his or her spouse, sublease his or her dwelling, assign the lease or terminate the lease where the lessor has been notified, by either of the spouses, that the dwelling leased is used as the family residene. Notie to lessor I hereby delare that I am married to or in a ivil union with. Name of spouse I hereby notify you that the dwelling overed by the lease will be used as the family residene. LESSOR S COPY Signature of the lessee or lessee s spouse If the lease inludes servies in addition to those indiated on this form, inluding servies of a personal nature, omplete Shedule 6 to the lease: Servies Offered to the Lessee by the Lessor of 8 Initials of lessor

6 40. The lessor shall, in the notie of modifiation, indiate to the lessee: the modifiation(s) requested; the new term of the lease, if he or she wishes to hange it; the new rent in dollars or the inrease requested, expressed in dollars or as a perentage, if he or she wishes to inrease the rent. However, where an appliation for the fixing or review of the rent has already been filed, the inrease may be expressed as a perentage of the rent to be determined by the Régie du logement; the time granted to the lessee to refuse the proposed modifiation(s), i.e. one month after reeiving the notie (arts and 1945 C.C.Q.). Reply to a notie of modifiation (art C.C.Q.) 41. A lessee who reeives a notie of modifiation of the lease from the lessor has one month after reeiving it to reply and notify the lessor that he or she: aepts the requested modifiation(s); or refuses the requested modifiation(s) and will ontinue to oupy the dwelling (see Exeption below); or will vaate the dwelling upon termination of the lease. If the lessee fails to reply, this means that he or she aepts the modifiation(s) requested by the lessor. If the lessee refuses the modifiation(s), he or she is entitled to remain in the dwelling beause the lease is renewed. In ase of refusal, see partiular No. 42. Exeption : Where one of the two boxes in Setion F is heked off, the lessee who refuses the requested modifiation(s) shall vaate the dwelling upon termination of the lease (art C.C.Q.). A model of the Notie of Rent Inrease and Modifiation of Another Condition of the Lease and a model of the lessee s reply to suh notie are found at the end of these partiulars and on the Régie du logement s website ( Fixing of onditions of the lease by the Régie du logement 42. The lessor has one month, after reeiving the reply of a lessee who refuses the modifiations, to apply to the Régie du logement for the fixing of the rent or for a ruling on any other modifiation of the lease (see Table B). If the lessor does not file suh appliation, the lease is renewed of right on the same onditions (art C.C.Q.). Agreement on modifiations 43. Where the lessor and the lessee agree on the modifiations to be made to the lease (e.g. rent, term), the lessor shall give the lessee a writing evidening the modifiations to the previous lease before the beginning of the renewal (art C.C.Q.). Contestation of an adjustment of rent 44. Where a lease with a term of more than 12 months ontains a lause providing for an adjustment of the rent, the lessee or the lessor may ontest the exessive or inadequate nature of the agreed adjustment and have the rent fixed. An appliation for that purpose shall be filed with the Régie du logement within one month following the date on whih the adjustment is to take effet (art C.C.Q.). REPOSSESSION OF DWELLING AND EVICTION (arts to 1970 C.C.Q.) 45. Where the lessor of the dwelling is the owner, he or she may repossess the dwelling in order to live in it or to allow one of the benefiiaries provided for by law to live in it. If the immovable belongs to more than one person, the dwelling may generally be repossessed only if there is only one other o-owner and the two o-owners are spouses. A legal person may not avail itself of the right to repossess a dwelling. Benefiiaries may be: the lessor, his or her father, mother, hildren or any other relative or person onneted by marriage or a ivil union of whom the lessor is the main support; the spouse of whom the lessor remains the main support after a separation from bed and board or divore or the dissolution of a ivil union. To repossess the dwelling, the lessor shall give notie within the presribed time periods. The steps for the repossession of the dwelling and the time periods for giving notie are presented in Table C. The notie shall ontain the following: the name of the benefiiary; the degree of relationship or the onnetion between the benefiiary and the lessor, if any; the date fixed for the repossession. The lessor may evit the lessee to divide the dwelling, enlarge it substantially or hange its destination. The notie shall indiate the date of and the reason for the evition and respet the time periods presented in Table D (arts to 1961 C.C.Q.). A lessee who objets to the repossession of the dwelling or to evition from it shall do so in aordane with the rules provided for in the Civil Code of Québe (see Tables C and D). An indemnity may be payable (arts and 1967 C.C.Q.). ASSIGNMENT AND SUBLEASING 46. Where a lessee assigns his or her lease, the lessee abandons all of his or her rights and transfers all of his or her obligations in respet of the dwelling to a person alled the assignee ; as a result, the lessee is released from his or her obligations towards the lessor (art C.C.Q.). A lessee who subleases all or part of his or her dwelling binds himself or herself towards the sublessee, but is not released from his or her obligations towards the lessor (art C.C.Q.). 47. The lessee is entitled to assign the lease or to sublease the dwelling with the onsent of the lessor. However, the latter may not refuse to give his or her onsent without a serious reason (arts and 1871 C.C.Q.). 48. The lessee shall give the lessor notie of his or her intention to assign the lease or to sublease the dwelling. Suh notie shall indiate the name and address of the person to whom the lessee intends to assign the lease or sublease the dwelling (art C.C.Q.). If the lessor refuses, he or she shall inform the lessee of his or her reasons for refusing within 15 days after reeiving the notie. Otherwise, the lessor is deemed to have onsented to the assignment or sublease (art C.C.Q.). 49. A lessor who onsents to the assignment or sublease may not exat any payment other than the reimbursement of any reasonable expenses resulting from the assignment or sublease (art C.C.Q.). 50. The sublease terminates not later than the date on whih the lease of the lessee terminates. However, the sublessee is not required to vaate the dwelling before reeiving notie of 10 days to that effet from the sublessor or, failing him or her, from the lessor (art C.C.Q.). RESILIATION OF LEASE BY THE LESSEE 51. Pursuant to artile 1974 of the Civil Code of Québe, a lessee may resiliate his or her lease if: he or she is alloated a dwelling in low-rental housing; or he or she an no longer oupy the dwelling beause of a handiap; or in the ase of a senior, he or she is permanently admitted to a residential and long-term are entre (CHSLD), to an intermediate resoure, to a private seniors residene where the nursing are and personal assistane servies required by his or her state of health are provided, or to any other lodging faility, regardless of its 6 of 8 name, where suh are and servies are provided, whether or not the lessee already resides in suh a plae at the time of admission. Pursuant to artile of the Civil Code of Québe, a lessee may also resiliate his or her lease: with the lessee is threatened beause of the violent behaviour of a spouse or former spouse or beause of a sexual aggression, even by a third party. Noties - Artile 1974 C.C.Q. The resiliation takes effet two months after a notie is sent to the lessor or one month after the notie is sent if the lease is for an indeterminate term or a term of less than 12 months, or before the expiry of this period if the parties so agree or when the dwelling, having been vaated by the lessee, is re-leased during that same period. The notie shall be sent with an attestation from the authority onerned. In the ase of a senior, the notie of resiliation shall also be sent with a ertifiate from an authorized person stating that the onditions requiring admission to the faility have been met. - Artile C.C.Q. The resiliation takes effet two months after a notie is sent to the lessor or one month after the notie is sent if the lease is for an indeterminate term or a term of less than 12 months, or before the expiry of this period if the parties so agree or when the dwelling, having been vaated by the lessee, is re-leased during that same period. The notie must be sent with an attestation from a publi servant or publi offier designated by the Minister of Justie, who, on examining the lessee s sworn statement that there exists a situation involving violene or sexual aggression, and other fatual elements or douments supporting the lessee s statement provided by persons in ontat with the vitims, onsiders that the resiliation of the lease is a measure that will ensure the safety of the lessee or of a hild living with the lessee. The publi servant or publi offier must at promptly. Servies (arts and C.C.Q.) If the rent inludes servies of a personal nature provided to the lessee or, where appliable, to his or her hild, the lessee is only required to pay that part of the rent that relates to the servies provided before he or she vaated the dwelling, whether or not suh servies were provided under a ontrat separate from the lease. SURRENDER OF DWELLING UPON TERMINATION OF THE LEASE 52. The lessee shall vaate the dwelling upon termination of the lease; no grae period is provided for by law. When vaating the dwelling, the lessee shall remove any furniture or objet other than those belonging to the lessor (art C.C.Q.). 53. Upon termination of the lease, the lessee shall surrender the dwelling in the ondition in whih he or she reeived it, exept for hanges resulting from aging, fair wear and tear or superior fore. The ondition of the dwelling may be established by the desription made or the photographs taken by the parties; otherwise, the lessee is presumed to have reeived the dwelling in good ondition (art C.C.Q.). 54. Upon termination of the lease, the lessee shall remove all the onstrutions, works or plantations he or she has made. If they annot be removed without deteriorating the dwelling, the lessor may retain them by paying the value thereof or ompel the lessee to remove them and to restore the property to the ondition in whih he or she reeived it. Where the dwelling annot be restored to the ondition in whih the lessee reeived it, the lessor may retain them without ompensation to the lessee (art C.C.Q.).

7 NON-RENEWAL OF LEASE BY THE LESSEE: PERIODS FOR GIVING NOTICE (arts. 1942, 1945 and 1946 C.C.Q.) TABLE A Lessee who has not reeived a notie of modifiation of the lease Lessee of a room who has not reeived a notie of modifiation of the lease Lessee (inluding the lessee of a room) who has reeived a notie of modifiation of the lease Lease of 12 months or more Lease of less than 12 months Lease with an indeterminate term Between 3 and 6 months before termination of the lease Between 1 and 2 months before termination of the lease Between 1 and 2 months before desired termination of the lease Between 10 and 20 days before termination of the lease Between 10 and 20 days before desired termination of the lease Within 1 month after reeiving the lessor s notie STEPS FOR MODIFYING THE LEASE AND PERIODS FOR GIVING NOTICE (arts. 1942, 1945 and 1947 C.C.Q.) TABLE B Step 1: Step 2: Notie by lessor Lessee s reply Lease of 12 months or more Lease of less than 12 months Lease with an indeterminate term Lease for a room Between 3 and 6 months before termination of the lease Between 1 and 2 months before termination of the lease Between 1 and 2 months before proposed modifiation Between 10 and 20 days before the termination of a fixed term lease or before the proposed modifiation if the lease has an indeterminate term Within 1 month after reeiving the notie of modifiation. If the lessee fails to reply, he or she is deemed to have aepted the modifiation. See partiular No. 41: Exeption Step 3: Appliation to the Régie du logement by the lessor Within 1 month after reeiving the lessee s refusal. Otherwise, the lease is renewed of right on the same onditions. STEPS FOR REPOSSESSING THE DWELLING AND PERIODS FOR GIVING NOTICE (arts. 1960, 1962 and 1963 C.C.Q.) TABLE C Step 1: Step 2: Notie by owner-lessor Lessee s reply Lease of more than 6 months Lease of 6 months or less Lease with an indeterminate term 6 months before termination of the lease 1 month before termination of the lease 6 months before intended date of repossession Within 1 month after reeiving the owner-lessor s notie. If the lessee fails to reply, he or she is deemed to have refused to vaate the dwelling. Step 3: Appliation to the Régie du logement by the owner-lessor Within 1 month after the refusal or the expiry of the period granted to the lessee to reply. STEPS FOR EVICTING THE LESSEE FOR THE PURPOSE OF DIVIDING, ENLARGING OR CHANGING THE DESTINATION OF THE DWELLING AND PERIODS FOR GIVING NOTICE (arts and 1966 C.C.Q.) TABLE D Step 1: Notie by lessor Step 2: Appliation to the Régie du logement by the lessee Lease of more than 6 months Lease of 6 months or less Lease with an indeterminate term 6 months before termination of the lease 1 month before termination of the lease 6 months before intended date of evition Within 1 month after reeiving the lessor s notie. If the lessee does not objet, he or she is deemed to have agreed to vaate the dwelling. If the lessee objets, the lessor shall show the tribunal that he or she truly intends to divide, enlarge or hange the destination of the dwelling and that he or she is permitted to do so by law. END OF MANDATORY PARTICULARS COPY TO BE KEPT BY THE LESSOR LESSOR S COPY 87 7 of 8

8 MODEL OF NOTICE NOTICE OF RENT INCREASE AND MODIFICATION OF ANOTHER CONDITION OF THE LEASE (arts and 1943 C.C.Q.) Notie to Name of lessee Address UPON RENEWAL OF YOUR LEASE, I INTEND TO MODIFY THE FOLLOWING CONDITION(S): 1 Amount of rent (hek off ONE of the boxes below) Your urrent rent of $ will be inreased to $. (Indiate new rent) Or Your urrent rent of $ will be inreased by $. (Indiate amount of inrease) Or Your urrent rent of $ will be inreased by %. (Indiate perentage of inrease) Or Your rent under the lease ending on, that has given rise to an appliation for the fixing or review of the rent, will be inreased by % of the rent to be determined by the tribunal. 2 Term of lease Your lease will be renewed from to. 3 Other modifiation(s) To the lessee: IF YOU REFUSE the proposed modifiation(s) or IF YOU ARE MOVING at the end of the lease, YOU MUST REPLY to this notie WITHIN ONE MONTH following its reeption. Otherwise, the lease will be renewed under the new onditions. Name of lessor or mandatary Address Signature of lessor or mandatary ACKNOWLEDGEMENT OF RECEIPT, IF THE NOTICE IS DELIVERED TO THE LESSEE BY HAND I aknowledge reeipt of this notie, on: Signature of lessee The lessor should always keep a opy and proof of delivery of the notie given to the lessee (e.g. aknowledgement of reeipt if delivered by hand, onfirmation of delivery if delivered by registered mail, or any other means providing proof of delivery). To reply to this notie, the lessee may use the model of reply proposed by the Régie du logement, whih is available on its website ( at all of the Régie s offies or by mail. MODEL OF REPLY LESSEE S REPLY TO A NOTICE OF RENT INCREASE AND MODIFICATION OF ANOTHER CONDITION OF THE LEASE (art C.C.Q.) Notie to Name of lessor or mandatary Address of lessor or mandatary Address of leased dwelling IN RESPONSE TO YOUR NOTICE OF RENT INCREASE AND MODIFICATION OF ANOTHER CONDITION OF THE LEASE, I NOTIFY YOU THAT: (hoose one of the three responses below) I aept the renewal of the lease and its modifiations. I refuse the proposed modifiations and I am renewing my lease. I am not renewing my lease and will vaate the dwelling upon termination of the lease. If the lease mentions that the dwelling is loated in a ooperative of whih the lessee is a member, or in a building that was ereted or underwent a hange of destination five years ago or less, and if the lessee refuses one or more modifiations, the lessee must move upon termination of the lease (see Setion F of your lease) (arts and 1955 C.C.Q.). Signature of lessee ACKNOWLEDGEMENT OF RECEIPT, IF THE REPLY IS DELIVERED TO THE LESSOR BY HAND I aknowledge reeipt of this reply to my notie of rent inrease and modifiation of another ondition of the lease, on: Signature of lessor or mandatary The lessee should always keep a opy and proof of delivery of the notie given to the lessor (e.g. aknowledgement of reeipt if delivered by hand, onfirmation of delivery if delivered by registered mail, or any other means providing proof of delivery). 8 of 8

9 Montréal area: BAIL* Elsewhere in Québe : BAIL* *An automated information servie is available around the lok. SCHEDULE 6 TO THE LEASE Servies Offered to the Lessee by the Lessor RÉGIE DU LOGEMENT MANDATORY FORM TWO COPIES IN REFERENCE TO LEASE NO. 87 abbbbbbbbbb This shedule must be used when a lessor offers servies in addition to those indiated in the lease, inluding servies of a personal nature pursuant to artiles and of the Civil Code of Québe (C.C.Q.). In addition, Revenu Québe may require the shedule in order to grant a lessee a tax redit for home-support servies. The provisions pertaining to the rights and obligations of lessors and lessees in artiles 1851 to 2000 of the C.C.Q., as well as ertain provisions pertaining to persons living in a private seniors residene, pursuant to the At respeting health servies and soial servies (AHSSS) and the Regulation respeting the onditions for obtaining a ertifiate of ompliane and the operating standards for a private seniors residene, apply not only to a leased dwelling or room, but also to servies (e.g. meals, nursing are, laundry servie), aessories and dependenies. The lessor may not, by means of a lause in the lease, limit the lessee s right to purhase property or to obtain servies from suh persons as he or she hooses and on suh terms and onditions as he or she sees fit. COST OF SERVICES OF A PERSONAL NATURE PROVIDED TO THE LESSEE If the lease provides for servies of a personal nature to be provided to the lessee, the lessor must omplete this shedule and speify the part of the rent that relates to the ost of eah of those servies. The same applies to a senior admitted to a private seniors residene where the nursing are and personal assistane servies required by his or her state of health are provided, or to any other lodging faility, regardless of its name, where suh are and servies are provided. NOTICE OF RESILIATION OF THE LEASE (arts. 1938, 1939, 1974 and C.C.Q.) A lessor who reeives a written notie of resiliation during the term of the lease may laim only the rent that relates to the dwelling, as well as the part of the rent that relates to the ost of the servies that are provided for in the lease, in this shedule or in a separate ontrat, and that were provided to the lessee before he or she vaated the dwelling, if the lessee vaated it for one of the following reasons: 1. he or she is alloated a dwelling in low-rental housing; or 2. he or she is reloated in an equivalent dwelling orresponding to his or her needs, following a deision of the tribunal; or 3. he or she an no longer oupy his or her dwelling beause of a handiap; or 4. if the safety of the lessee or of a hild living with the lessee is threatened beause of the violent behaviour of a spouse or former spouse or beause of a sexual aggression, even by a third party; or 5. if he or she has died, in whih ase the notie of resiliation may be given by one of the persons provided for by law (see the partiular respeting death in the mandatory lease forms); or 6. if the person is a senior permanently admitted to a residential and long-term are entre (CHSLD), to an intermediate resoure, to a private seniors residene where the nursing are and personal assistane servies required by his or her state of health are provided, or to any other lodging faility, regardless of its name, where suh are and servies are provided, whether or not the person already resides in suh a plae at the time of admission. PRIVATE SENIORS RESIDENCE The operator of a private seniors residene must obtain a ertifiate of ompliane pursuant to the AHSSS, whih defines the term private seniors residene. Only an operator who has obtained ertifiation or a temporary ertifiate of ompliane may all his or her lodging faility by that name. To keep the ertifiate, the operator must meet a series of health and soial riteria and operating standards. These riteria and standards are defined in the Regulation respeting the onditions for obtaining a ertifiate of ompliane and the operating standards for a private seniors residene. They onern, in partiular, residents rights, the exhange of information between the operator and the lessees on their health and safety, diet, mediation and third party liability insurane. In some ases and on the onditions provided for in the AHSSS, the lease may be resiliated or the lessee reloated (arts and to of the AHSSS). Servies for independent elderly persons The lessor of a private seniors residene offering servies for independent elderly persons provides servies in at least two of the following ategories: meal servies, domesti help servies, seurity servies and rereation servies (see Parts 1 and 2 below). In addition, the operator of suh a residene must give to a prospetive resident or the prospetive resident s representative, if appliable, a doument stating in partiular that no nursing servies and no personal assistane servies are provided. Servies for semi-independent elderly persons The lessor of a private seniors residene offering servies for semiindependent elderly persons provides servies in at least two of the following ategories: meal servies, domesti help servies, seurity servies, rereation servies, personal assistane servies and nursing are (see Parts 1 and 2 below). In addition, at least one of the servies provided to the lessee must be in the ategory of personal assistane servies or the ategory of nursing are. Nursing are is a professional ativity exerised by a nurse or a nursing assistant, in aordane with the law or an enabling regulation, or by any other person authorized to exerise that ativity under a statute or a regulation. The same residene may offer servies for both independent and semi-independent elderly persons. COMPLIANCE WITH THE LEASE Before entering into a lease, the lessor must identify with the prospetive resident or the prospetive resident s representative, if appliable, all of the servies that the prospetive resident wishes to obtain. During the term of the lease, the lessor must offer and maintain the servies listed in the lease, this shedule or a separate ontrat, without inreasing the ost or diminishing the quality of the servies. The ost of the servies may be inluded in the rent or may be payable in aordane with another method provided for in the lease, this shedule or a separate ontrat. CHARTER OF HUMAN RIGHTS AND FREEDOMS The rights and obligations arising from the lease shall be exerised in ompliane with the Charter, whih presribes, among other things, that every elderly person and every handiapped person has a right to protetion against any form of exploitation. LESSOR S COPY In the ase of differenes between this doument and the laws that apply to dwellings, the laws take priority of 3 Initials of lessor