As a tenant in Quebec, you have certain rights that are protected by law. At the same time, you also have some obligations that you are required to follow. Let’s go over what your obligations are as a renter in the province of Quebec, as well as what responsibilities your landlord has to ensure you are given the right to enjoy your rental unit.
The following are the responsibilities you must accept as a tenant in Quebec:
Landlords are entitled to receive the full rental pay one time every month and should expect their tenants to take care of the rental unit as specified in the lease. However, there are also some responsibilities that landlords have towards their tenants in Quebec, including the following:
Landlords are required by law to make major repairs to a rental unit as required to ensure the place is safe and fit for habitation. However, tenants are responsible for making minor repairs.
If the landlord fails to make the repairs after being notified of issues, tenants can request permission from the Tribunal administratif du logement (TAL) to make the repairs themselves and ask to be reimbursed for the work done. If authorization from the TAL is given, specific conditions will be established for the work that needs to be done and set an amount for the job. The tenant can then set that amount from the rent.
That said, permission from the TAL for the tenant to do the work is not required if the repair is urgent.
A standard lease agreement in Quebec should include the following elements:
Tenants can make changes to the unit only as outlined in the lease. If the changes that the tenant wants to make are not described in the lease, permission must be sought by the landlord before any work can commence.
For instance, if you want to affix a bookshelf to a wall, you’ll have to ask your landlord for the go-ahead first. Further, if you build anything in the unit, you may need to take it down when your lease ends and cover the cost of any damage done when removing it.
In Section E of the standard lease agreement in Quebec, landlords can add a clause that restricts pets from a unit. The section also allows landlords to place conditions on the types of pets that are allowed, such as specific dog breeds or maximum weight.
If a pet is initially allowed in the unit but ends up being a nuisance or consistently causing a disturbance to other neighbours, the landlord may require that the pet be removed.
The law in Quebec isn’t entirely clear about whether or not landlords can lawfully restrict pets from a rental unit. Sometimes there may be building by-laws that restrict pets, in which case a copy of that bylaw should be provided to tenants. Support animals are an exception to this rule, as per the Charter of Human Rights and Freedoms.
Landlords are not legally allowed to prevent tenants from having overnight guests. However, tenants are responsible for their guests, including any disturbances or damage they may cause.
Having said that, an overnight guest that never leaves might be something the landlord may want to know about. In this case, the “guest” may actually turn out to be living there, at which point their name might need to be included on the lease.
Landlords can include a non-smoking clause in Section E of the standard lease agreement.
In Quebec, it is illegal for landlords to require a security deposit to cover the cost of any potential damage done to the unit in the future. Instead, a landlord can request the first month’s rent in advance. Security deposits are only legal if they are made by the tenant voluntarily.
In Quebec, there is no limit on how much landlords can increase rent. That said, the tenant must agree that the rent increase suggested is reasonable and has the right to refuse it. The Régie du Logement publishes its suggested rent rate increase rate every year.
If a landlord wishes to increase rent, a written notice of rent increase must be provided to the tenant and include the following:
If no agreement on the proposed rent increase can be reached, the landlord can file an application with the Régie du Logement within 1 month following receipt of the tenant’s response.
Under most circumstances, tenants are obligated to continue paying rent until the end date of the rental term as per the lease agreement and cannot terminate it early. However, there are certain exceptions to this rule. Tenants may cancel a lease early under the following circumstances:
You may also choose to sublet your unit if you have written permission from your landlord or there is a clause in your lease that allows it. In this case, you would rent out your unit to another person who pays you rent, which you would then pay to your landlord. With a sublet arrangement, you intend to move back into your unit before your lease term is up.
If you choose to sublet your unit, you must provide your landlord with the contact information of the person who will be subletting your unit.
Landlords cannot arbitrarily kick tenants out of their rental units as they see fit. Instead, there are certain scenarios in which landlords can lawfully evict a tenant in Quebec, including the following:
In order to evict a tenant, the landlord must provide the tenant with written notice in advance, depending on the term of the lease:
The eviction notice must also include the reason and the date of the eviction.
Once the tenant has received the eviction notice, they then have 1 month from the time of receipt to let the landlord know whether or not they accept it. If the tenant does not act, the landlord can assume that the tenant accepted the eviction notice. If a tenant does not leave, they can apply to the Régie du logement before the 1-month time limit expires.
Landlords must compensate the tenant for 3 months’ rent and moving expenses, within a reasonable limit.
Both tenants and landlords have specific responsibilities that they are required to uphold in Quebec. Any issues with either party can be dealt with by contacting the Tribunal administratif du logement if a resolution cannot be reached.
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Lisa has been working as a personal finance writer for more than a decade, creating unique content that helps to educate Canadian consumers in the realms of real estate, mortgages, investing and financial health. For years, she held her real estate license in Toronto, Ontario before giving it up to pursue writing within this realm and related niches. Lisa is very serious about smart money management and helping others do the same.
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