# Quebec housing — the lease, rent, and money

Sources: Éducaloi English capsules (*leases*, *things-to-know-before-signing-a-lease*, *paying-the-rent*, *sharing-rental-housing-co-tenants*, *housing-no-discrimination-allowed*, *renewing-a-residential-lease-and-rent-increases*, *unpaid-or-overdue-rent*, *assigning-a-lease-or-subletting*) + quebec.ca *rights-and-obligations-of-the-lessor-and-lessee* + tal.gouv.qc.ca — fetched **2026-07**. **Éducaloi cites no Civil Code article numbers**; the few CCQ articles below came from the TAL site or the annotated Code and are marked `[supp]`. Verify before relying on any of it.

## What the lease covers

A residential lease is a contract: the tenant pays rent, the landlord lets them live in the unit. **Applies to** apartments, rooms, mobile homes, and land for mobile homes. **Does not apply to**: hotel rooms; rooms in a health institution; rooms in the landlord's own main residence (fewer than 2 rooms rented, no independent entrance/bathroom); vacation resorts; and **units where more than 1/3 of the floor area is non-residential**.

- **The TAL lease form is mandatory** for new leases since **1 September 1996**.
- **Verbal leases are valid** and create the same rights — but the landlord must give the tenant a **mandatory writing form** from the TAL. An oral lease with no end date can be cancelled by the tenant on **2 months' notice**.
- **Language:** the lease and building rules must be **in French** unless both parties agree otherwise. Notices must be in the **same language as the lease**.
- The landlord must give the tenant a **copy of the lease within 10 days** of signing, and a copy of the **building rules *before* signing** (they form part of the lease).

**Clauses that are void** (treated as if they don't exist): limiting the landlord's liability or making the tenant liable for damage they didn't cause; **prohibiting assignment or subletting**; changing the tenant's rights if the number of occupants rises; requiring all remaining rent because one instalment was missed; a rent change mid-term in a fixed lease of 12 months or less.

## The rent-disclosure notice (the "lowest rent in the last 12 months")

At signing the landlord must give a **written notice** stating the **lowest rent paid in the 12 months before the lease starts** (or the rent the TAL set in that period). *(Éducaloi calls it a "written notice" — the "section G"/annexe label is TAL-form terminology; confirm against the form.)*

If the new rent exceeds that, the tenant may ask the **TAL to fix the rent**:

| Situation | Deadline to apply |
|---|---|
| Notice **was** given at signing | **10 days** from signing |
| Notice **was not** given | **2 months** from the start of the lease |
| Landlord made a **false statement** | **2 months** from discovering it |

For leases signed **on or after 21 February 2024**, the tenant may also seek **punitive damages** for a false statement or a knowing failure to disclose. **Exempt:** low-rent housing, co-ops, and buildings new or rented for **fewer than 5 years**.

## Deposits and what a landlord may ask

**Only the first month's rent** may be required at signing. **Illegal:** security/damage deposits, **key deposits**, last-month's-rent deposits, any advance rent beyond the first month, and **demanding** post-dated cheques. *(The sources say a landlord can't *demand* post-dated cheques; they're silent on a tenant volunteering them.)*

| Landlord **may** ask for | Landlord **may not** ask for |
|---|---|
| Proof of ability to pay rent | Current salary details (unless volunteered as proof of ability to pay) |
| A credit check — **with permission** | Employer contact information |
| References from past landlords | Whether you have children |
| A guarantor; proof of paying bills | — |
| To **view** ID — **no photos, no photocopies** | — |

## Paying rent

Due the **1st of the month** unless the lease says otherwise; **late as of the 2nd**. Payable by cash, certified cheque, money order, e-transfer, or credit card **if the landlord accepts it**. If you don't know who the true landlord is, you can ask the TAL for authorization to **deposit rent with the Tribunal**.

**Consequences:** the landlord may apply to the TAL **as soon as** you're late. **Rent more than 3 weeks (21 days) late → the TAL will cancel the lease.** But **paying the rent owed + interest + the landlord's filing costs *before the decision is rendered* stops the eviction.** Separately, **frequent** late payment can cancel a lease only if it causes the landlord **serious prejudice** — the TAL often orders future on-time payment instead (a "last chance").

> **Not addressed by any source:** interest rates on late rent, NSF/returned-cheque fees, penalty-clause caps. Don't assume a rule exists.

## Co-tenants — joint is the default, not solidary

⚠️ **This cuts against common belief.** If the lease says nothing, the obligation is **joint** — "each co-tenant is only responsible for their share of the total rent." **Solidary** (each liable for the whole rent) **must be specifically stated in the lease**. *Exception:* for **married or civil-union** partners the obligation is **always solidary** where the lease meets the family's current needs. *(Worth a second source — the standard TAL form may itself supply the solidary clause.)*

Even so: if a co-tenant is **more than 3 weeks** late and you don't cover their share, the landlord can ask the TAL to **cancel the lease**. On renewal, the landlord must notify **each co-tenant separately**. An **occupant** (not on the lease) has no obligations toward the landlord.

## Discrimination

Prohibited grounds under the **Charter of Human Rights and Freedoms**: race/colour · sex · gender identity or expression · pregnancy · sexual orientation · civil status · age · religion · political beliefs · language · ethnic or national origin · **social condition** (income, employment, education) · disability and use of an aid.

- **Children:** can't refuse for having children **unless justified by the apartment's size**.
- **Income:** refusing solely because someone is unemployed or on social assistance violates the Charter, **provided they can pay**.
- A landlord **may** refuse someone with a criminal record, a history of failing tenant duties, or who genuinely can't afford the rent.
- **Complaints go to the CDPDJ** (Commission des droits de la personne et des droits de la jeunesse) → mediation → possibly the **Human Rights Tribunal**. Gather: the reason given, witnesses, landlord contact, address, date/time, rent, and proof the unit is still available. *(No filing deadline stated — check with the CDPDJ.)*

## Renewal and rent increases

**Leases renew automatically** on the same terms unless the landlord acts. *(A sub-tenant does **not** get this benefit.)*

**Landlord's notice of modification — the windows:**

| Lease | Notice window |
|---|---|
| **12 months or longer** | **3 to 6 months** before the end |
| **Less than 12 months** | **1 to 2 months** before the end |
| **Indeterminate** | **1 to 2 months** before the change |

The notice must state the new rent/increase, the portion attributable to services, any duration change, other changes, the tenant's three options, and the consequence of not responding.

**Tenant has 1 month to respond** — and here **silence = acceptance**. Options: (1) leave at lease end; (2) accept; (3) **refuse** — *the lease still renews*, but **the landlord must apply to the TAL to fix the rent within 1 month** of the refusal.

**How the TAL fixes rent:** a base percentage set annually (the **average general CPI over the last three years**) plus justifiable increases for municipal/school taxes, insurance, new services/accessories, and major repairs/improvements. Use the TAL's calculation tool. *(The underlying regulation isn't named in these sources.)*

**Tenant's own non-renewal notice:** **3 to 6 months** before the end for a 12-month lease (e.g. lease ending 30 June → notice between 1 Jan and 31 March); **1 to 2 months** for an indeterminate lease. TAL model form **TAL_807A_E**.

## Assignment vs subletting — the distinction that matters

| | **Assignment (cession de bail)** | **Subletting** |
|---|---|---|
| Effect on you | **Released from all obligations** as of the assignment date | **Still responsible** — incl. unpaid rent |
| Landlord's grounds to refuse | **None needed** *(since 21 Feb 2024)* — **but refusing cancels the lease** on the intended date, so you're released either way | **Serious reason only** (e.g. can't afford it, bad record) |
| Deadline to reply | **15 days**; **silence = consent** | **15 days**; **silence = consent** |
| Money | You **cannot charge** the assignee anything | May charge reasonably for furniture/utilities, but **never more rent than you pay** |

Notice must give the candidate's **name and address** (and, for assignment, **the effective date** — mandatory), be sent to the landlord's address on the lease, and be in the lease's language. The landlord may require only **reimbursement of reasonable expenses** (e.g. a credit check) `[supp CCQ 1872]`. A **subtenant** has a tenant's rights **except the right of occupancy** — no automatic renewal. `[supp CCQ 1871 para. 2; 1978.2]`

## Leaving before the lease ends

You can't simply announce you're leaving. Routes: **non-renewal** at lease end · **agreement** with the landlord · **sublet** · **assignment** · a **special situation** · or **TAL authorization** based on the landlord's non-compliance (habitability, peaceful enjoyment, repairs). The four special situations and their notice periods are in [ending-the-lease.md](ending-the-lease.md).

*If a roommate dies, the surviving co-tenant remains a tenant and stays liable for the full rent — no notice period is given by the sources.*