2 juillet 2020

En matière de bail de logement, la loi prévoit la possibilité, pour le locataire qui doit déménager dans un autre lieu d’hébergement pour des raisons de santé, de mettre fin à son bail actuel. Or, la résiliation du bail pour ce motif est assujettie à certaines formalités. Ainsi, il est requis d’envoyer au propriétaire un avis écrit, une attestation de l’admission et un certificat d’une personne autorisée pour confirmer que les conditions d’admission sont remplies.

Quand résilier un bail pour des raisons de santé ?

En règle générale, le locataire doit honorer son bail, demeurer dans les lieux et verser le loyer jusqu’à l’échéance du contrat. Or, le régime juridique en matière de bail de logement permet au locataire, dans certaines situations particulières, de résilier son bail et de quitter son logement. À cet égard, un locataire peut résilier son bail en cours alors qu’il est admis de façon permanente dans un lieu d’hébergement où il pourra recevoir les soins infirmiers ou les services d’assistance personnelle que nécessite son état de santé. Il s’agit des centres d’hébergement de soins de longue durée (CHSLD), des ressources intermédiaires (RI), tels un appartement supervisé ou une résidence de groupes, ou encore, une résidence privée pour aînés.

Comment résilier un bail pour des raisons de santé ?

Pour mettre fin à son bail en raison de son admission permanente dans un lieu d’hébergement plus adapté à ses besoins, un locataire doit rencontrer plusieurs formalités et envoyer spécifiquement trois documents à son propriétaire. D’abord, le locataire doit faire parvenir un avis écrit de résiliation de bail, dans lequel il mentionne notamment la raison de son départ, la date prévue de son départ et la date de la fin du bail. Pour faciliter cette étape, la Régie du logement du Québec propose un formulaire en guise de modèle.

Par la suite, le locataire doit transmettre au propriétaire une attestation prouvant son admission dans le lieu d’hébergement. Cette attestation doit provenir directement de l’autorité du lieu d’hébergement concerné ; soit par exemple, la direction du lieu d’hébergement.

Finalement, le locataire doit présenter à son propriétaire un certificat d’une personne autorisée pour confirmer que les conditions d’admission sont remplies en l’espèce. Cette personne doit être un professionnel de la santé et des services sociaux qui travaille dans un CLSC, un CHSLD, un centre hospitalier ou un cabinet privé. Il peut s’agir d’un médecin, d’un infirmier, ou encore, d’un travailleur social.

Pour ces trois documents, le locataire doit respecter certains délais fixés par la loi. Ainsi, lorsque le bail est d’une durée d’un an ou plus, le locataire doit envoyer les documents à son propriétaire au moins deux mois avant la date prévue du départ. Lorsque le bail est d’une durée de moins d’un an ou d’une durée indéterminée, un délai d’un mois suffit. Malgré ces délais, les parties peuvent s’entendre pour que le bail prenne fin plus tôt.

Quel est l’effet de la résiliation du bail pour des raisons de santé ?

Une fois la réception des documents par le propriétaire, le locataire est tenu de verser son loyer jusqu’à la fin du délai d’avis. Par contre, si le loyer inclut des frais pour des soins ou des repas, le locataire est seulement tenu de payer les services qu’il reçoit avant son départ. Au moment de la fin du bail, le contrat est résilié pour l’avenir et le locataire est libéré de ses obligations. Il peut contracter un nouveau bail auprès de son nouveau locateur ; le lieu d’hébergement qui lui fournira les soins ou l’assistance requise.

Pour en savoir davantage, voir d’autres articles :

https://www.rdl.gouv.qc.ca/fr/etre-locataire/aines

https://educaloi.qc.ca/capsules/resilier-un-bail-a-cause-de-sa-situation-particuliere/

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