What types of rental accommodations are covered by Quebec legislation governing residential tenancies?
The province’s Régie du logement and the Civil Code of Quebec govern the rental of all principal / permanent residential rental premises, including the lease of a room, mobile home placed on a chassis, or land intended as a mobile home site.
What types of rental accommodations are NOT covered by this legislation?
* Accommodation leased as a vacation resort
* Premises in which over 1/3 of the total floor area is used for purposes other than residential
* Lease of a room in a health or social services institution (except pursuant to article 1974 of the Civil Code of Quebec)
* Lease of a room in a hotel establishment
* Lease of a room situated in the principal residence of the landlord, if not more than two rooms are rented or offered for rent and if the room has neither a separate entrance from the outside nor sanitary facilities separate from those used by the landlord.
What types of rental periods are provided for in the legislation?
All types of rental periods are allowed (week-to-week, month-to-month, year-to-year, etc). It is even possible to have a lease for no fixed term.
Is it necessary to have a written lease?
No. However, if there is a written lease, the applicable lease form of the Régie du logement must be used. A form is required for any new residential lease, including the lease of a room, apartment, condominium, house, or the lease of land intended for the installation of a mobile home. In addition, the law requires the public sector to use the applicable lease forms for the lease of a dwelling in low-rental housing in the sense of 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. Finally, the schedule "Services for the Elderly" must be completed whenever special services are offered to elderly or handicapped persons. Leases that include this schedule are sold at the offices of the Régie du logement and in Quebec bookstores. The law stipulates that a tenant is entitled to receive a copy of the lease within 10 days after entering into the lease.
In the case of an oral lease, the landlord must give the tenant a form entitled "Mandatory Writing" within 10 days of the agreement. This form is sold at the offices of the Régie du logement.
A signed move-in / move-out checklist is not required.
Can the landlord charge a deposit?
No, collecting a deposit is not allowed, nor is collecting the final month’s rent. A landlord may ONLY request the first month’s rent. It is also illegal to require key money.
What about post-dated cheques?
The landlord may NOT request post-dated cheques.
When is the landlord allowed to increase the rent?
There is no ceiling on rent increases or fixed rates of increase. If the duration of the lease is 12 months or less, the rent may not be increased during the lease period, and any clause in the lease stating otherwise has no effect.
For leases longer than 12 months, the landlord and the tenant are free to adjust the rent during the lease period, if this is provided for in the lease itself. Either party may apply to the Régie du logement for redress if they feel that the amount of the rent increase provided in the lease is excessive or inadequate, even if they had consented to the amount.
Quebec law allows for a rent increase when a new tenant occupies a rental unit, however, at the time the lease is entered into, the landlord must give the tenant a notice stating the lowest rent paid in the 12 months immediately preceding the beginning of the lease, and the tenant can contest the rent. This does not apply to cooperative housing and new buildings.
When is rent considered late?
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 week-to-week). Rent is considered late the day after it is due. After first formally requesting payment from the tenant, the landlord can apply to the Régie to recover the rent due, interest and the application fees. If the landlord does not make a formal request for payment, he/she may not be able to recover the cost of the application.
If the rent is more than 3 weeks late, or if the tenant is habitually late in paying the rent and the landlord suffers serious prejudice as a result, the landlord can apply to have the lease cancelled and the tenant and other occupants evicted. If the rent is still outstanding at the time of the hearing, the court will cancel the lease. However, if the rent has been paid, the lease cannot be cancelled.
How can a lease be renewed?
All leases, regardless of 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 for termination. The notice periods set out below 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 lease. 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 must be given at least 10 days and not more than 20 days before the end of the lease.
Upon receipt of the notice, the tenant has 1 month to inform the landlord in writing whether he/she (i) accepts the changes, (ii) refuses the changes but will stay in the premises, or (iii) intends to move out at the end of the lease. If the tenant does not respond to the landlord’s notice, changes in the lease are deemed accepted.
In the notice of modification, the landlord must advise the tenant of his/her right to refuse the proposed changes to the lease, in writing, within 1 month of being notified. Upon receiving the tenant’s written refusal, the landlord has 1 month to apply to the Régie to fix new conditions. If the landlord does not apply, the lease is renewed on the same terms and conditions.
If the court grants the application of a tenant after the expiry of the time for giving notice of modification of the lease, the lease is renewed but the landlord may, within 1 month after the final judgment, apply to the court for the fixing of a new rent.
How can a lease be terminated by a tenant?
A tenant may terminate the lease if the tenant provides the landlord with a written notice of non-renewal or cancellation. If the lease is for less than 12 months or the duration is undetermined, the notice must be given to the landlord 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 tenant fails to notify the landlord of his/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 old lease (unless a notice of modification was received and accepted by the tenant).
There are 3 specific situations when the tenant can cancel the lease during rather than at the end of the term: (i) when a tenant is allocated a dwelling in low-rental housing; (ii) when a tenant can no longer occupy the premises because of a handicap; or (iii) when an elderly person is admitted permanently to a residential long-term care center or to a foster home. Different notice periods apply in each case.
How can a lease be terminated by a landlord?
The tenant has the right to occupy the premises indefinitely as long as he/she complies with the terms of the lease, however, the landlord may terminate the lease under certain circumstances.
1.
Repossession of the dwelling. The landlord may repossess the dwelling from the tenant in order to live there personally, or to use as the residence of a parent, child, relative connected by marriage, or by a civil union, to whom the landlord provides principal support, or for a spouse or former spouse if the landlord provides them with principal support following a divorce, legal separation or dissolution of civil union.
To repossess the dwelling, the landlord must notify the tenant at least 6 months before the expiry of the lease (in the case of a lease with a fixed term of more than 6 months), or at least 1 month before the end of the lease (in the case of a lease with a term of 6 months or less). In the case of a lease with an indeterminate term, 6 months notice is required.
In the notice of repossession, the landlord must set out the date fixed for the repossession, the name of the beneficiary and, if applicable, the relationship between the beneficiary and the landlord. Within 1 month after receiving the notice of repossession, the tenant must notify the landlord as to whether or not he/she intends to comply with the notice; otherwise, he/she is deemed to refuse to vacate the dwelling. If the tenant refuses to vacate, the landlord may repossess it with the authorization of the court. Such application must be made within 1 month after the tenant’s refusal. Where the court authorizes repossession, it may impose such conditions as it considers just and reasonable, including reimbursement of the tenant’s moving expenses.
2.
Eviction to divide, enlarge or substantially change the nature of the dwelling. The landlord may evict the tenant for the purposes of dividing the dwelling, enlarging it or substantially changing its nature. In this case, the landlord must notify the tenant 6 months before the end of the lease that the lease will not be renewed. In the case of a lease with no fixed term, this must be done 6 months prior to the date of eviction. The notice of eviction must provide the reason for, and the date of, the eviction.
The landlord must pay an amount equal to 3 months’ rent as well as reasonable moving expenses to the evicted tenant. The tenant may apply to the court to set the amount payable by the landlord. The amount (excluding moving expenses) is payable at the expiry of the lease; the moving expenses are payable on presentation of receipts.
Within 1 month after receiving the notice of eviction, the tenant may file an objection with the court; otherwise, he/she is deemed to have consented to vacate the premises. If an objection is filed, the burden is on the landlord 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. Where the court authorizes eviction, it may impose such conditions as it considers just and reasonable.
3.
Eviction due to the death of the tenant or an extended sublet of the dwelling. The landlord may terminate the lease if the tenant has sublet the dwelling for more than 12 months by giving notice to the tenant and the sub-lessee; the notice period is the same as for modification of the lease for a renewal.
The landlord may terminate the lease if the tenant has died and was living alone at the time of death, by giving notice to the heir or to the liquidator of the estate. The heir or liquidator, as the case may be, may contest the notice within 1 month after receiving it; otherwise, he/she is deemed to have agreed to terminate the lease.
Can a tenant assign a lease or sublet the premises?
With two exceptions, a tenant may sublet all or part of the premises or assign the lease to a third party. The two exceptions are (i) a student renting a dwelling in an educational institution, and (ii) a person renting low-rental housing.
The tenant must advise the landlord in writing of his/her intention to sublet or assign the lease and provide the name and address of the proposed person. The landlord then has 15 days to inform the tenant whether he/she accepts or refuses the proposed person. In the case of a refusal, a reason must be provided, such as the proposed person’s inability to pay the rent. If the landlord does not reply, the landlord is deemed to have consented to the sublet or assignment.
The landlord has the right to be reimbursed for reasonable related expenses, such as the cost of a credit search, if he or she agrees to the sublet or assignment.
When is the landlord permitted to enter the premises?
The landlord may enter the premises with the tenant’s consent to make minor repairs between 7 a.m. and 7 p.m., and to show the rental unit to prospective tenants or buyers between 9 a.m. and 9 p.m. In both cases, the landlord is required to give the tenant 24 hours verbal notice. In cases of emergency, the landlord may enter to check the premises at any time without notice.
How can a landlord evict a tenant?
In order to cancel the lease during the term and evict a tenant for cause, a landlord must apply to the Régie du logement and prove that a "serious injury" has taken place. An example of a serious injury would be the tenant regularly making noise and disrupting the neighbours.
The foregoing summary is provided for information purposes only and is not to be considered legal or business advice. The information may not be complete, accurate or applicable for any particular situation and should not be relied upon.
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