The rent increase season is in full swing. If you haven’t already received a notice from your landlords, it’s likely you will soon.
If you believe the rent increase is unjustified, you have the right to challenge your landlord’s decision. Here's how you can contest a rent increase while following the proper legal procedure.
Receiving the increase notice: what to check?
When a landlord intends to raise your rent, they must send you an official renewal notice outlining the proposed changes. In addition to the rent increase, the notice may also include other modifications to the lease terms, such as:
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A smoking or cannabis ban
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Restrictions on certain pets in the dwelling
Regardless of the changes proposed, the notice must meet specific legal requirements.
1. Does the document contain the required information?
For the notice to be valid under the law, it must include the following details:
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The exact amount of the increase, which may be presented in one of these forms:
- The new rent amount
- The increase amount
- The percentage of the increase
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Any new terms included in the lease, if applicable.
If any of this information is missing, you have the right to contest the changes.
2. Is this the only notice sent during the year?
A landlord can only change your rent once every 12 months. This is also the only time of year when they can revise the terms of the lease.
If you receive multiple notices throughout the year, they are not valid.
3. Does it meet the legal deadlines?
A landlord must respect the legal deadlines when sending a renewal notice, which varies depending on the type of lease:
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For a lease of 12 months or more: between 3 and 6 months before the lease ends.
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For a lease of less than 12 months: between 1 and 2 months before the lease expires.
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For an indefinite lease: between 1 and 2 months before the proposed change date.
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For a room lease: between 10 and 20 days before the lease ends.
If the landlord fails to meet the applicable deadlines, you can contest the notice solely on the basis.
How to know if the rent increase is abusive?
Even if the landlord has followed the proper procedure, the rent increase could still be considered abusive.
You have the right to refuse the increase if it seems unreasonable. If you're concerned about being evicted for opposing the increase, you can rest assured. The law protects your right to remain in the premises, even if you contest the proposed increase.
The recommendation of the Tribunal administratif du logement (TAL)
Each year, the Tribunal administratif du logement (TAL) publishes its recommended increase rate for the year. In 2025, the suggested increase is 5.9% for a non-heated dwelling, before factoring in taxes and major repairs. The adjustment is typically lower for heated dwellings (electricity, gas, or oil).
However, this rate serves as a guideline. A landlord may request a higher increase, but that doesn't automatically mean the increase is abusive!
A reasonable rent increase, even if it exceeds the TAL’s recommendation, can be justified by verifiable factors, such as the amount of work done, increases in taxes, or market trends.
Taxes and renovations: two factors to consider
The proposed rent increase may be higher if there have been significant changes in municipal and school taxes. If these taxes have risen substantially, the landlord may reflect this in the new rent amount.
If you're unsure, you can verify these tax changes by contacting your municipality and the school board.
Additionally, a larger rent increase could be justified if the landlord has made improvements or renovations to the dwelling over the year. In such cases, the cost of these repairs should also be considered when determining whether the increase is reasonable or abusive.
A calculation tool to help you
You can use the TAL online tool (only in french) to input information that impacts the rent increase. This calculation form helps determine whether the proposed amount is fair and reasonable. It also provides useful data that can assist you during negotiations with your landlord, if necessary.
Can the tenant refuse a rent increase?
As a tenant, you have the right to contest:
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The rent increase
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Any new terms potentially added to the lease
It's important to note that you can refuse a rent increase, even if it doesn’t seem abusive and everything has been done according to the rules. However, it is unlikely you will win the case if it goes to the Tribunal.
What reasons can you cite to refuse a rent increase?
Here are some arguments you could use to justify your refusal:
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The rent increase exceeds the reasonable increase recommended by the TAL.
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The landlord has not provided sufficient justification for the increase (no proof of expenses, additional costs, etc.)
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The increase is disproportionate compared to the condition of the dwelling, despite the evidence provided.
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The increase was not communicated within the legal deadlines.
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The increase notice does not comply with legal requirements.
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The dwelling is in poor condition and/or the landlord is not fulfilling their obligations.
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The new rent is significantly higher than for a similar dwelling in the area.
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The rent was already increased recently or substantially.
How to contest a rent increase in Quebec?
Just like your landlord, you must declare your refusal of the rent increase by following a specific time and procedural rules.
1. Evaluate your options
First, ensure you contest the proposed increase within one month of receiving the written notice. When responding, you can either:
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State that you wish to move out at the end of the lease.
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Refuse the increase but still wish to renew the rental agreement.
2. Respond by registered mail
It’s recommended to send your response via registered mail. This provides proof of sending and confirmation that your landlord received your response.
You may also want to consult your tenants' committee or tenant association for guidance. This will help you understand your rights and the proper procedures to follow.
Good to know
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If you accept the proposals made, there’s no further action required from you.
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If you refuse the increase but don’t make a formal request, it will be considered that you accept the rent increase and any new terms.
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If the situation becomes too frustrating and you want to leave the dwelling quickly, you can opt for lease assignment or request the termination of the contract.
3. Agreeing on rent amicably
The first step after receiving the notice should be to contact your landlord.
Have a discussion to better understand the reasons behind the rent increase. After the conversation, it’s possible that one party may be persuaded by the other’s arguments, leading to an amicable agreement on the rent.
However, if your landlord remains unreasonable and unwilling to listen, you will need to consider taking formal action.
4. Making a request to the TAL
To make an official request to the Tribunal administratif du logement (TAL), follow these steps:
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Fill out the form: Download the correct form from the TAL website, providing your contact details, request details, and explanations.
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Attach evidence: Include relevant documents such as the notice, lease, written exchanges, photos, or any other supporting evidence.
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Submit the request: You can submit your request online through the TAL website, in person, or by mail.
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Pay the fees: Be aware that fees may vary depending on the type of request.
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Track the case: Keep your case number handy and be prepared for a hearing if necessary.
How to write a letter refusing the rent increase?
You can write your own letter to refuse a rent increase, which helps maintain a certain closeness with your landlord. Here's an example of how you could phrase it:
Madam/Sir, [Insert Landlord's Name],
I confirm the receipt of the rent increase notice you sent me.
However, I am writing to inform you that:
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I wish to renew the lease but refuse the proposed increase
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I do not wish to renew the lease
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I wish to renew the lease but refuse the proposed terms
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I wish to renew the lease but refuse both the proposed increase and terms
Indeed, I find the proposed increase to be above what the Tribunal administratif du logement considers a reasonable rent increase.
I rely on the online estimate provided by this same authority to support my position.
Sincerely,
[Your Name]
Example of a response form
If you'd like an example of a response letter, the TAL offers a sample notice (only in french) on its website.
Using this template can save you time compared to drafting your own letter, and it will also make it clear to your landlord that you are well informed about the proper procedures to follow.
Good to know
Another option is to have a lawyer draft the letter for you. While this can save you time and ensure the letter is legally sound, it may come at a higher cost compared to drafting it yourself or using the TAL's template.
Can the landlord refuse your contestation?
Once you've made your contestation, it's the landlord’s responsibility to act. They have a new deadline of one month after receiving your refusal to:
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Make a request for rent determination by the Tribunal administratif du logement (TAL).
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Negotiate new lease conditions with you.
The process is the same for the landlord. If they fail to submit their request to the TAL within the given time frame, the lease will automatically be renewed under the same conditions as of January 1st of the current year.
If they choose to take the matter to the Tribunal, the TAL will review the case and communicate its decision to both parties, proposing a rent increase based on its calculation grid.
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