Signing of a lease
© Fernando Calderón
When you sign a lease, you enter into a contract with your landlord (the legal term is “lessor”).
By signing this document, you commit to paying rent and taking care of the property. You also agree to promptly notify your landlord in case of any issues.
In return, your landlord agrees to provide you with a clean and well-maintained dwelling throughout the duration of the lease. The lease can be in French or English, but make sure you fully understand the language used.
The use of the “residential lease” document is mandatory, and your landlord must provide you with a copy within 10 days after signing. However, note that an unofficial written lease or a verbal lease (i.e., you have verbally agreed with the landlord to live in the property) is also valid. Keep this document and/or your proof of payment safe.
The security deposit
In Quebec, it is illegal to require a security deposit to rent a property. When signing your lease, the landlord can only request the first month’s rent. Any other sum of money, including a deposit for keys, garage, or furniture, is illegal. This prohibition is stated in article 1904 of the Civil Code of Quebec.
If you have already paid a security deposit, make sure you have proof of this payment. You have rights and recourse to be reimbursed.
Rent fixation
When you move into a new apartment, the Rental Board (TAL) has the authority to adjust your rent. This is a mechanism designed to prevent your landlord from raising the rent unreasonably between two new leases. In other words, the rent setting process only applies to new tenants if the previous tenants were paying a significantly lower rent than what is now being charged.
WARNING! There are very strict deadlines to follow in order file an application for rent fixation at the Rental Board.
When signing the lease, pay attention to Section G (below). This section is mandatory on all residential leases and indicates the lowest rent paid for the property in the last twelve months. If this section is filled out and shows a rent much lower than what you are being asked to pay, you have 10 days from the date of signing the lease to file a rent setting request with the TAL.
If this section is left blank by your landlord, you have two months from the date of signing the lease to make your request.
“Pass me your lease!” campaign
Despite the fact that landlords are required to fill out Section G, many of them leave the box blank to prevent tenants from requesting a reasonable adjustment of their rent from the Rental Board.
A simple and supportive way to prevent your landlord from increasing the rent excessively when you move out is to pass your lease to the new tenants! This way, even if Section G is not filled out, it will be possible to determine the difference in rent and provide evidence of it!
There are three ways to do this:
- Leave your old lease hidden somewhere in your former apartment.
- Send your old lease to your previous address so that the new tenants receive it by mail.
- Send a letter to your old address informing the new tenants of what you were paying, inspired by the “My Old Apartment” campaign initiated on Prince Edward Island (see image below). A letter template is available in the “Letter Templates” section.
The end of your lease
In Quebec, leases automatically renew at the end of their term (except for subleases). This is part of the measures protecting your right to maintain occupancy.
Thus, your landlord cannot decide not to renew your lease. They also cannot ask you to leave the premises. The procedures for evicting a tenant are limited and always require written notice or a judgment from the Rental Board. You have the right to stay in your dwelling for as long as you wish.
Of course, you can choose to leave your apartment at the end of your lease. To do so, you must give your landlord notice that you intend to move out. You must adhere to strict deadlines and ensure you have proof of receipt of your notice.
The notice of non-renewal must be sent within the following deadlines:
- 3 to 6 months before the end of the lease for a lease of one year or more.
- 1 to 2 months before the end of the lease for a lease of less than one year.
- 1 to 2 months before moving out for an indefinite lease.
- 10 to 20 days before the end of the lease for a room OR before moving out if the lease is indefinite.
WARNING! Contrary to popular belief, you cannot terminate a lease at any time, even if you pay the landlord three months’ rent in compensation. Although it is possible to reach an amicable agreement with your landlord to leave before the end of the lease, nothing in the Civil Code of Quebec obligates your landlord to negotiate with you or accept that you leave your home before the end of your lease.
However, if you are unable to negotiate with your landlord to end the lease early, you may transfer your lease.