Lacombe Avocats

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. For this reason, in many places in this fact sheet we have provided footnotes referencing specific sections of the law that applies, along with more details in some sections than is found in the fact sheets for other provinces and territories.

Types of housing/living arrangements covered by the provincial legislation

·         All principle/permanent residential rental premises, including rooms; mobile homes placed on chassis, with or without a permanent foundation; and land intended for the emplacement of a mobile home

Exclusions

·         Dwellings leased as vacation resorts

·         Dwellings in which over 1/3 of the total floor area is used for purposes other than residential purposes

·         Rooms in most health or social services institutions

·         Rooms in hotel establishments

·         Rooms situated in the principal residence of the lessor, if not more than two rooms are rented or offered for rent and if the rooms have neither a separate entrance from the outside nor sanitary facilities separate from those used by the lessor

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 (article 1880 Civil Code of Quebec).

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.

In addition, the law requires the public sector to use the applicable lease forms of the Régie du logement for the lease of a dwelling in low-rental housing as defined by article 1984 of the Civil Code of Quebec, and for the lease of a dwelling with an educational institution by a student enrolled in that institution. The lessor must use the applicable lease forms of the Régie du logement:

·         for the lease of a dwelling rented by a student in an educational institution,

·         for the lease of a dwelling situated in low-rental housing within the meaning of the first paragraph of article 1984 of the Civil Code of Quebec,

·         for the lease of land intended as the site for a mobile home, and

·         for the lease of a unit rented out by a cooperative
(article 1 Regulation respecting mandatory lease forms and the particulars of a notice to a new lessee).

Finally, Schedule Six to the Lease: “Services Offered to the Lessee by the Lessor” must be completed whenever special services are offered to elderly persons or persons with disabilities. Leases that include that schedule are sold at the offices of the Régie du logement and in Quebec bookstores
(article 2 Regulation respecting mandatory lease forms and the particulars of a notice to a new lessee).

The law stipulates that a lessee is entitled to receive a copy of the lease within 10 days after entering into the lease (article 1895 Civil Code of Quebec).

In the case of an oral lease, the lessor must give the lessee a form entitled « Mandatory Writing » within 10 days of the agreement. This form is sold at the offices of the Régie du logement (article 1895 Civil Code of Quebec).

If the lease includes services of a personal nature to be provided to the lessee, the lessor must specify, in the relevant schedule to the mandatory form, the part of the rent that relates to the cost of each of those services (article 1895.1 Civil Code of Quebec).

If the rental unit is subject to by-laws which pertain to the rules respecting the enjoyment, use and maintenance of the dwelling and of the common premises, the lessor is bound to give the lessee a copy of the by-laws before entering into the lease. The by-laws form part of the lease (article 1894 Civil Code of Quebec).

The lease and the by-laws of the immovable shall be written in French unless the parties expressly wish them to be written in another language. (article 1897 Civil Code of Quebec)

At the time of entering into a lease, the lessor is required to give to the new lessee a notice indicating the lowest rent paid in the 12 months preceding the beginning of the lease or the rent fixed by the court during the same period, as the case may be, and containing any other particular prescribed by the regulations of the Government. The lessor is not bound to give the notice in the case of a lease of an immovable referred to in article 1955 and 1956 (article 1896 paragraph 1 Civil Code of Quebec).

Footnotes: (article 1955 Civil Code of Quebec) Neither the lessor nor the lessee of a dwelling leased by a housing cooperative to one of its members may apply to the court for the fixing of the rent or the modification of any other condition of the lease.

Nor may the lessor or the lessee of a dwelling situated in a recently erected immovable or an immovable used for renting as a result of a recent change of destination pursue the remedy referred to in the first paragraph within five years after the date on which the immovable is ready for its intended use.

Such restrictions shall be mentioned, however, in the lease of such a dwelling; if they are not mentioned, they may not be set up by the lessor against the lessee.

(article 1956 Civil Code of Quebec) The lessor or lessee of a dwelling in low-rental housing may not apply for the fixing of the rent or for the modification of any other condition of the lease except in accordance with the provisions specific to that type of lease.

Is a signed move in/move out condition report required?

No.

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 (article 1904 paragraph 1 Civil Code of Quebec).

Key Money

It is illegal for a landlord to require key money.

Post-dated Payments

The lessor cannot demand that payments be made by post-dated cheque or any other post-dated instrument (article 1904 paragraph 2 Civil Union Spousescode of TenantsQuebec).

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 (discussed below) or termination (see Terminating a Lease: Notice and Timing).

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 (article 1942 Civil Code of Quebec).

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.

Footnotes: (article 1955 Civil Code of Quebec) Neither the lessor nor the lessee of a dwelling leased by a housing cooperative to one of its members may apply to the court for the fixing of the rent or the modification of any other condition of the lease.

Nor may the lessor or the lessee of a dwelling situated in a recently erected immovable or an immovable used for renting as a result of a recent change of destination pursue the remedy referred to in the first paragraph within five years after the date on which the immovable is ready for its intended use.

Such restrictions shall be mentioned, however, in the lease of such a dwelling; if they are not mentioned, they may not be set up by the lessor against the lessee.

(article 1956 Civil Code of Quebec) The lessor or lessee of a dwelling in low-rental housing may not apply for the fixing of the rent or for the modification of any other condition of the lease except in accordance with the provisions specific to that type of lease.

(article 1945 Civil Code of Quebec) In the case of a dwelling described in article 1955 Civil Code of Quebec, the lessee shall vacate the dwelling upon termination of the lease if he objects to the proposed modification.

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. (article 1945 and 1947 Civil Code of Quebec)

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 Tenancy (Lease): Notice and Timing

Leases

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. (article 1942 and 1946 Civil Code of Quebec)

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; see above). 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. (article 1946 Civil Code of Quebec)

The landlord is obligated to deliver the dwelling in good condition. (article 1910 Civil Code of Quebec). 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.

Footnotes: (article 1912 Civil Code of Quebec) The following give rise to the same remedies as failure to perform an obligation under the lease:

(1) failure on the part of the lessor or the lessee to comply with an obligation imposed by law with respect to the safety and sanitation of dwellings;

(2) failure on the part of the lessor to comply with the minimum requirements fixed by law with respect to the maintenance, habitability, safety and sanitation of immovables comprising a dwelling.

(article 1863 Civil Code of Quebec) The nonperformance of an obligation by one of the parties entitles the other party to apply for, in addition to damages, specific performance of the obligation in cases which admit of it. He may apply for the resiliation of the lease where the nonperformance causes serious injury to him or, in the case of the lease of an immovable, to the other occupants.

The nonperformance also entitles the lessee to apply for a reduction of rent; where the court grants it, the lessor, upon remedying his default, is entitled to reestablish the rent for the future.

There are five other specific situations when the lessee can resiliate the lease during rather than at the end of its term:

1.     when a lessee is moving to a unit in low-rental housing; (article 1974 Civil Code of Quebec)

2.     when a disability prevents the lessee from occupying his dwelling; (article 1974 Civil Code of Quebec)

3.     when a senior is admitted permanently to a residential and long-term care centre or to a foster home, whether or not the lessee already resides in such a place at the time of admission. (article 1974 Civil Code of Quebec)

4.     where the safety of the lessee or a child living with the lessee is threatened by a spouse, former spouse, or because of sexual aggression (even by a third person). (article 1974.1 Civil Code of Quebec)

5.     because of a decision of the court, the lessee is relocated in an equivalent dwelling corresponding to his or her needs.

In most cases where the lease is being terminated before the end of its term, when proper notice is given, the lease will be resiliated two months after the day on which the lessee sends notice to the lessor. A lease with an indeterminate term or a term of fewer than 12 months will be resiliated one month after the lessee sends the notice to the lessor. Resiliation takes effect before the two-month or one-month period expires if the parties so agree or when the dwelling, having been vacated by the tenant, is re-leased by the landlord during that same period. The costs of resiliation for the safety of the lessee or a child of the lessee under article 1974.1 Civil Code of Quebec may be paid by the Commission de la santé et de la sécurité du travail for up to two months rent at a maximum of $1,000 per month.

Notice must be sent with an acknowledgement from the authority concerned and, in the case of a senior admitted to a care facility or foster home, with a certificate from an authorized person stating that the conditions required for admission to the facility have been met. If part of the rent covers the cost of services of a personal nature provided to the lessee, the lessee is only required to pay that part of the rent that relates to the services which were provided before he or she vacated the dwelling. The same applies to the cost of such services if they are provided by the lessor under a contract separate from the lease.

A lease is also resiliated as of right where a tenant abandons the dwelling without any reason, taking his movable effects with him. It may also be resiliated without further reason, where the dwelling is unfit for habitation and the lessee abandons it without notifying the lessor. (article 1975 Civil Code of Quebec)

If the lessee dies, living alone, the liquidator of the succession or, if there is no liquidator, an heir may resiliate the lease by giving the lessor two months’ notice within six months after the death. The termination takes effect 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 (article 1939 Civil Code of Quebec).

There are special notice requirements. The notice must be sent to the lessor’s address (as it appears on the lease) in writing in the same language in which the lease is written. The notice must be sent within the period specified by the law. (1898  Civil Code of Quebec)

When the lease is being resiliated for safety reasons the lessee must provide notice that includes an attestation from a public servant or public officer designated by the Minister of Justice supporting the lessee’s statement.

Footnotes: (article 1974.1 paragraph 3 Civil Code of Quebec)The notice must be sent with an attestation from a public servant or public officer designated by the Minister of Justice, who, on examining the lessee’s sworn statement that there exists a situation involving violence or sexual aggression, and other factual elements or documents supporting the lessee’s statement provided by persons in contact with the victims, considers that the resiliation of the lease is a measure that will ensure the safety of the lessee or of a child living with the lessee. The public servant or public officer must act promptly.

(article 1974.1 paragraph 3 Civil Code of Quebec)

The lessee has the right to maintain occupancy in the rental unit indefinitely as long as he or she respects the terms of the lease. However, the lessor may terminate the lease under certain circumstances.

Footnotes: (article 1936 Civil Code of Quebec) Every lessee has a personal right to maintain occupancy; he may not be evicted from the leased dwelling, except in the cases provided for by law.

(article 1940 Civil Code of Quebec) The sub-lessee of a dwelling is not entitled to maintain occupancy.

The sublease terminates not later than the date on which the lease of the dwelling terminates; however, the sub-lessee is not required to vacate the premises before receiving notice of 10 days to that effect from the sub-lessor or, failing him, from the principal lessor.

1. Repossession of the dwelling

The lessor of a dwelling who is the owner of the dwelling may repossess it as a residence for himself or herself or a relative or person identified in article 1957 of the Civil Code of Quebec.

Footnotes: (article 1957 Civil Code of Quebec) The lessor of a dwelling who is the owner of the dwelling may repossess it as a residence for himself or herself or for ascendants or descendants in the first degree or for any other relative or person connected by marriage or a civil union of whom the lessor is the main support.

The lessor may also repossess the dwelling as a residence for a spouse of whom the lessor remains the main support after a separation from bed and board or divorce or the dissolution of a civil union. (article 1957 Civil Code of Quebec)

A lessor wishing to repossess a dwelling must notify the lessee at least six months before the expiry of the lease in the case of a lease with a fixed term of more than six months; if the term of the lease is six months or less, the notice period is one month. (article 1960 paragraph 1 Civil Code of Quebec)

In the case of a lease with an indeterminate term, the notice shall be given six months before the date of repossession or eviction. (article 1960 paragraph 2  Civil Code of Quebec)

In a notice of repossession, the date fixed for the dwelling to be repossessed, the name of the beneficiary and, where applicable, the relationship or the bond between the beneficiary and the lessor must be indicated.

Within one month after receiving notice of repossession, the lessee must notify the lessor as to whether or not he intends to comply with the notice; otherwise, he is deemed to refuse to vacate the dwelling (article 1962 Civil Code of Quebec).

If the lessee refuses to vacate the dwelling, the lessor may repossess it with the authorization of the court. Such application must be made within one month after the refusal by the lessee. (article 1963 Civil Code of Quebec)

Where the court authorizes repossession, it may impose such conditions as it considers just and reasonable, including in the case of repossession, payment to the lessee of an indemnity equivalent to his moving expenses. (article 1967 Civil Code of Quebec)

2. Eviction to divide the dwelling, enlarge it or substantially change its nature

The lessor of a dwelling may evict the lessee for the purposes of dividing the dwelling, enlarging it substantially or changing its destination (article 1959 Civil Code of Quebec). In the case of a lease with a fixed term the lessor must notify the lessee six months before the expiry of the lease. If the term of the lease is six months or less, one month’s notice is required. In the case of a lease with an indeterminated term, the notice shall be given six months before the date of the repossession or eviction (article 1960 Civil Code of Quebec).

The notice of eviction must provide the reason for, and the date of eviction (article 1961 paragraph 2 Civil Code of Quebec).

The lessor shall pay an indemnity equal to three months’ rent and reasonable moving expenses to the evicted lessee. If the lessee considers that the prejudice he sustains warrants a greater amount of damages, he may apply to the court for the fixing of the amount of the indemnity. The indemnity is payable at the expiry of the lease; the moving expenses are payable on presentation of vouchers (article 1965 Civil Code of Quebec).

Within one month after receiving the notice of eviction, the lessee may apply to the court to object to the division, enlargement or change of destination of the dwelling; otherwise, he is deemed to have consented to vacate the premises. Where an objection is brought, the burden is on the lessor to show that he truly intends to divide, enlarge or change the nature of the dwelling and that he is permitted to do so by law (article 1966 Civil Code of Quebec). Where the court authorizes eviction, it may impose such conditions as it considers just and reasonable (article 1967 Civil Code of Quebec).

3. Eviction due to the death of the tenant or an extended sublet of the unit

The lessor may resiliate the lease where the lessee has sublet the dwelling for more than twelve months by giving notice to the lessee and the sub-lessee; the notice period is the same as for modification of the lease (see Renewal of a Lease Term)  (articles 1942 and 1944 Civil Code of Quebec).

The lessor may resiliate the lease where the lessee has died and was living alone at the time of death, by giving the notice to the heir or to the liquidator of the estate (article 1944 Civil Code of Quebec). The heir, or liquidator of the estate, may contest the notice within one month after receiving it; otherwise, he is deemed to have agreed to resiliate the lease.

A person living with the lessee at the time of death of the lessee has the same right and becomes the lessee if he or she continues to occupy the dwelling and gives notice to that effect to the lessor within two months after the death. If the person does not avail himself or herself of this right, the liquidator of the succession or, failing him or her, an heir may, in the month which follows the expiry of the period of two months, resiliate the lease by giving notice of one month to that effect to the lessor (article 1938 paragraph 2 Civil Code of Quebec).

The Régie du logement Web site provides more information on repossession procedures (seewww.rdl.gouv.qc.ca or the provincial contact below).

Assignments and Sublets

A lessee, with two exceptions, may sublet all or part of their rental dwelling or assign the lease to someone else. The two exceptions are a student renting a dwelling in an educational institution and a person renting low-rental housing (articles 1870, 1981 and 1995 Civil Code of Quebec).

The lessee must advise the lessor in writing of his or her intention to sublet or assign the lease and provide the name and address of the proposed person. The lessor then has 15 days to inform the lessee whether he or she accepts or refuses the proposed person. In the case of a refusal, a reason must be provided. If the lessor does not reply, the lessor is deemed to have consented to the sublet or assignment (articles 1870 and 1871 Civil Code of Quebec).

The lessor has the right to be reimbursed for reasonable related expenses if he or she agrees to the sublet or assignment (article 1872 Civil Code of Quebec).

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 (article 1906 Civil Code of Quebec).

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 (article 1949 Civil Code of Quebec).

Quebec law allows for a rent increase when a new tenant occupies a rental unit; however, at the time of entering into the lease, the landlord must give the tenant a notice stating the lowest rent paid in the 12 months preceding the beginning of the lease. The tenant can contest the rent and ask the Régie du logement to fix his rent (article 1896 Civil Code of Quebec).

Neither the lessor nor the lessee of a dwelling leased by a housing cooperative to one of its members may apply to the court for the fixing of the rent or the modification of any other condition of the lease.

Nor may the lessor or the lessee of a dwelling situated in a recently erected immovable or an immovable used for renting as a result of a recent change of destination pursue the remedy referred to in the first paragraph within five years after the date on which the immovable is ready for its intended use.

Such restrictions shall be mentioned, however, in the lease of such a dwelling; if they are not mentioned, they may not be set up by the lessor against the lessee (article 1955 Civil Code of Quebec).

There is no ceiling on rent increases or fixed rates of increase — each case is treated specifically. If a lessee has been given proper notification of a rent increase and rejects the rent increase (in writing), the landlord may apply to the Régie du logement to fix the rent.

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 (article 1971 Civil Code of Quebec).

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 (R.s.Q.., Chapter A-6.002) or at any other lower rate agreed with the lessor (article 1883 Civil Code of Quebec).

Evictions for cause

A lessee is bound to act in such a way as not to disturb the normal enjoyment of the other lessees.

He is liable, towards the lessor and the other lessees, for damage that may result from a violation of that obligation, whether the violation is due to his own act or to the act of persons he allows to use or to have access to the property.

In case of violation of this obligation, the lessor may demand resiliation of the lease (article 1860 Civil Code of Quebec).

See Late Rent Payment (above) for information on terminating the lease due to late rent payments.

Fine Points

Permitting lessor entry to the premises (times and reasons)

The lessee may not refuse to allow the lessor to have access to the dwelling to carry out work. He may deny him access before 7 a.m. and after 7 p.m., however, unless the work is urgent (article 1933 Civil Code of Quebec).

The lessor is bound, except in case of emergency, to give the lessee a prior notice of 24 hours of his intention to ascertain the condition of the dwelling, to carry out work in the dwelling or to have it visited by a prospective acquirer (article 1931 Civil Code of Quebec).

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.

If the court grants authorization to make the repairs or improvements, it determines their amount and fixes the conditions to be observed in carrying them out. The lessee may then withhold from his rent the amount of the expenses incurred to carry out the authorized work, up to the amount fixed by the court (article 1867 Civil Code of Quebec).

Where the lessee has attempted to inform the lessor, or has informed him but the lessor has not acted in due course, the lessee may undertake repairs or incur expenses, even without the authorization of the court, provided they are urgent and necessary to ensure the preservation or enjoyment of the leased property. The lessor may intervene at any time, however, to pursue the work.

The lessee is entitled to reimbursement of the reasonable expenses he incurred for that purpose; he may, if necessary, withhold the amount of such expenses from his rent ( article 1868 Civil Code of Quebec)

cmhc-schl.gc.ca

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Contactez-nous pour de plus amples informations: Tel: 514-898-4029  Courriel: malacombe@LacombeAvocats.ca