A residential lease is a contract between the landlord and tenant. In this contract, the tenant agrees to pay rent, and the landlord agrees to let the tenant live in the rental unit and ensures the tenant enjoys it in peace. A lease is a contract to rent a rental unit. It is signed between a tenant and a landlord. In it, the landlord agrees to provide the tenant with a rental unit in good condition in exchange for rent.
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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 Rental Periods. All types of rental periods are allowed, e. 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 Civil Code of Quebec.
Is a signed lease required? The law does not require the lease to be written. 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 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 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. 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.
Landlords may not collect any form of deposit in Quebec. Key Money. 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 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. 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.
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. A lessee may resiliate the lease if he provides the landlord lessor with a written notice of non-renewal or resiliation.
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. The landlord is obligated to deliver the dwelling in good condition. 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:.
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.
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 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. There are special notice requirements. The notice must be sent within the period specified by the law.
The public servant or public officer must act promptly. 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. Repossession of the dwelling. 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.
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. In the case of a lease with an indeterminate term, the notice shall be given six months before the date of repossession or eviction. 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.
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. 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.
Eviction to divide the dwelling, enlarge it or substantially change its nature. 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. 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.
Eviction due to the death of the tenant or an extended sublet of the unit. 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.
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 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. In the case of a refusal, a reason must be provided. Rent Increases: Notice and Timing.
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 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.
There is no ceiling on rent increases or fixed rates of increase — each case is treated specifically. 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. 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.
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. 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.
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.
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. Consultation Article. Droit Inc.
Understanding the new Regie du Logement lease
It was created in and its main offices are in the Olympic Village Montreal. It acts as a specialized tribunal to rule on rent increases, the lease conditions, noise, heating, repairs, and the termination of the leases. It publishes a series of forms of lease - whose use is mandatory since September  - and previously published a series of recommendations on the average increase in rents for one year. Each year, the board receives more than , requests for information from the public. From Wikipedia, the free encyclopedia. This article may rely excessively on sources too closely associated with the subject , potentially preventing the article from being verifiable and neutral. Please help improve it by replacing them with more appropriate citations to reliable, independent, third-party sources.
The Régie du logement (rental board)
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 Rental Periods. All types of rental periods are allowed, e. It is even possible to have a lease for no fixed duration.
A lease is a contract concluded between a landlord and a tenant that defines their respective commitments concerning a dwelling. It must be used for any new residential lease whether it is a room, an apartment, a condominium, a house, etc. Also the schedule Services Offered to the Lessee by the Lessor must be completed when there are additionnal services to those indicated in the lease e. If it is land that is rented and intended for the installation of a mobile home then the lease form to complete is the form Lease of Land Intended for the Installation of a Mobile Home. If it is a dwelling in a cooperative that is rented then the lease form to complete is the form Lease of a Dwelling in a Cooperative. Please note that there is also the lease form pertaining to rental of low-rental housing and the lease form pertaining to a rental of a dwelling to a student by an educational institution.