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Terminate the lease of a loved one admitted into a long-term care centre

On January 29, 2018

Do you sometimes wonder about what will happen to the lease if one of your loved ones has to move permanently into a public or private long-term care centre?


It may be a long-term care and residential centre (CHSLD), an intermediate resource (RI) or a private residence for seniors that provides nursing care or personal assistance. To help make your task easier, here are the three steps to follow for your loved one to move out of his or her current dwelling within the rules and without concern.

1) First, send the property owner a written notice (by registered mail or through a bailiff) indicating the reason why the lease needs to be terminated and the departure date. 

Remember to note the date of mailing on the notice and sign it. This must be written in the language in which the lease was originally written. It is recommended that you use the notice template provided on the Government of Quebec website, which includes all the information required.

Remember to keep a copy of the notice as well as proof of receipt.

2) Attach to this written notice:

  • An attestation from the appropriate authority, confirming your loved one's need to be relocated. In this case, the appropriate authority is the residence that will be taking in your loved one; 
  • A certificate from a health and social services professional who works in a CLSC, CHSLD, hospital centre or private office. This certificate proves that your loved one indeed meets the eligibility criteria. 

Remember to keep a copy of these documents.

3) Continue to pay your lease until the end of the notice period. 

This period is:

  • two months, if the lease is 12 months or more;
  • one month, if the lease is less than 12 months or for an unspecified period.

Finally, the lease can be terminated earlier if an agreement is reached between the tenant and owner. 

We hope this information sheds some light on and eases the process of moving your loved one!

 

This article presents the general law in effect in Quebec. To find out the rules specific to your situation, call Caregiver Support or consult a lawyer or notary.


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