Quebec Tenants : What you should know about your lease

Quebec follows civil law, where the rules of law are written out in detail, which differs from the common law followed in other jurisdictions in Canada. This results in answers that are much more detailed and specific than you will find in other provinces and territories, as they are written out explicitly in the governing legislation.

Here are some of these codified rules that we at Hathaway Legal think every tenant should know about.

Types of Rental Periods

All types of rental periods are allowed, e.g., month-to-month or annual. It is even possible to have a lease for no fixed duration. The term of a lease may not exceed one hundred years. If it exceeds one hundred years, it is reduced to that term.

Is a signed lease required?
The law does not require the lease to be written. However, if the lease is written, the applicable lease

form of the Régie du logement must be used.

Deposits

Landlords may not collect any form of deposit in Quebec. Landlords are prohibited from collecting any rent installment that exceeds one month’s rent. Landlords may not collect payment of rent in advance for more than the first payment period or, if that period is longer than one month, for more than one month’s rent.

Money for Keys
It is illegal for a landlord to require key money. Renewal of a Lease Term

All leases, no matter what their duration, are automatically renewed with the same terms if the landlord does not give the tenant proper written notice, as set out by law, for changing the conditions or termination.

The notice periods in this section apply to changes of conditions, such as a rent increase. If the lease is for less than 12 months, or the duration is undetermined, the notice of change of conditions must be given at least 1 month and not more than 2 months before the end of the term. For leases of 12 months or longer, the notice must be given at least 3 months and not more than 6 months before the end of the lease. For the lease of a room the notice is of not less than ten days nor more than twenty days.

A lessee who objects to the modification proposed by the lessor is bound to notify the lessor, within one month after receiving the notice of modification of the lease, that he objects or that he is vacating the dwelling; otherwise, he is deemed to have agreed to the renewal of the lease on the conditions proposed by the lessor.

In the notice of modification, the lessor must advise the tenant lessee of his or her right to refuse the proposed changes to the lease, in writing, within 1 month of being notified. Upon receiving the tenant’ lessee’s written refusal, the lessor has 1 month after receiving the notice of objection to apply to the Régie du logement to fix new conditions. If the lessor does not apply to the Régie du logement the lease is renewed at the same rent and conditions

Where the court grants the application of the lessee after the expiry of the time for giving notice of modification of the lease, the lease is renewed but the lessor may, within one month after the final judgment, apply to the court for the fixing of a new rent.

Terminating a Lease Notice and Timing

A lessee may resiliate the lease if he provides the landlord lessor with a written notice of non-renewal or resiliation. If the lease is for less than 12 months or the duration is undetermined, the notice must be given to the lessor at least 1 month and not more than 2 months before the end of the term. For leases of 12 months or longer, the notice must be given at least 3 months and not more than 6 months before the end of the lease.

If the lessee fails to notify the lessor of his or her intention not to renew the lease within the stipulated time frame, the lease is renewed automatically for the same period and under the same conditions as the previous lease (unless a notice of modification was received and accepted by the tenant lessor). In the case of a 1 year lease, for example, a lessee who did not notify the lessor of his or her wish to terminate the lease would be held responsible for another 1 year lease.

The landlord is obligated to deliver the dwelling in good condition. If the lessor fails to make repairs or if the premises become unfit for habitation the tenant can apply to the Régie du logement to have the lease cancelled.

Rent Increases: Notice and Timing

For a lease with a fixed term of 12 months or less, any clause providing for an adjustment of the rent during the term of the lease is without effect.

A clause 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 once during each 12 month period is also without effect.

Where the lease provides for the adjustment of the rent, the parties may contest the excessive or inadequate nature of the adjustment by applying to the court. The parties may also apply to the court for the fixing of the rent. The application shall be made within one month from the date on which the adjustment is to take effect.

Late Rent Payments

In the absence of any other agreement, rent is due on the first day of each month (or of each week if the lease is on a weekly basis). Rent is considered late on the day after it is due.

The lessor may obtain the resiliation of the lease if the lessee is over three weeks late in paying the rent or, if he suffers serious prejudice as a result, where the lessee is frequently late in paying it.

A lessee against whom proceedings for resiliation of a lease are brought for non-payment of the rent may avoid the resiliation by paying, before the judgment, in addition to the rent due and costs, interest at the rate fixed in accordance with section 28 of the Tax Administration Act.

May the lessee withhold rent for repairs?

Where a lessor fails to make the repairs or improvements he is bound to make under the lease or by law, the lessee may apply to the court for authorization to carry them out himself.

For more information, Book a Consultation so we can assist you further with your legal issues.