Articles 1892 et seq. C.C.Q.
In Quebec, you often hear about the housing crisis, disputes between landlords and tenants, and the Tribunal administratif du logement (TAL). The rules governing lease agreements establish a framework for any arrangement between a landlord and a tenant, in order to ensure a balance between the rights and obligations of each party.
THE LEGAL FRAMEWORK
The main rules governing residential lease agreements are set out in articles 1892 and following of the Civil Code of Quebec. The vast majority of provisions contained therein are matters of public order and cannot be waived by contract in the lease agreement. This is why it is essential to know your rights.
THE LEASE AGREEMENT
The lease agreement must be sufficiently clear to establish all terms, rights, and obligations of both parties. Where building regulations exist, they form part of the lease and must be provided to the tenant before signing, as must any subsequent amendment to those regulations. (art. 1894 C.C.Q.) At the time of signing, the landlord must disclose to the tenant the lowest rent paid during the 12 months preceding the start of the lease, or, if the unit was not rented, the amount of the last rent paid and its date.
In a lease agreement, the landlord may in no case include a clause limiting their liability, exempting them from it, or making the tenant responsible for damages caused by the landlord's own fault. Also without effect is a clause modifying the tenant's rights due to an increase in the number of occupants, unless the dimensions of the unit justify it, or a clause limiting the tenant's right to purchase goods or obtain services from persons of their choosing. (art. 1900 C.C.Q.)
A clause stipulating a penalty exceeding the actual prejudice suffered by a landlord is likewise abusive, and the obligation arising from it is reducible. (art. 1901 C.C.Q.)
RENT
The rent agreed upon by the parties must be stated in the lease and is payable in equal installments throughout the year. Despite a common misconception, a landlord may never require a tenant to pay more than the monthly amount due. If your landlord demands a deposit, post-dated cheques, or advance rent payments, they are violating the law and you are within your rights to refuse. (art. 1904 C.C.Q.) Likewise, a clause making the entire annual rent due upon a single missed payment is null and void. (art. 1905 C.C.Q.)
Rent adjustments are prohibited where the lease term is 12 months or less. Where the lease is of indefinite duration or longer than 12 months, an adjustment is permitted only once per year, except during the first twelve months. (art. 1906 C.C.Q.) Absent agreement on a satisfactory increase, the TAL sets an annual base rate that landlords may apply at each lease renewal, provided a notice of modification is sent to the tenant at least 3 months before the lease expiry date. (art. 1942 C.C.Q.)
CONDITION OF THE UNIT
Two main criteria are distinguished:
Habitability
The landlord has a clear obligation to deliver the unit in a good state of habitability and to maintain it as such for the duration of the lease. (art. 1910 C.C.Q.) They are therefore responsible for all necessary work and maintenance. This obligation rests solely on the landlord.
Cleanliness
The landlord is responsible for delivering the unit in a clean condition. However, it is the tenant's responsibility to maintain that cleanliness thereafter. This is a joint obligation. (art. 1911 C.C.Q.) A tenant may refuse to take possession of a unit that is unfit for habitation, thereby resilating the lease by operation of law. (art. 1914 C.C.Q.)
A unit is unfit for habitation if its condition poses a serious threat to the health or safety of the occupants or the public, or if it has been declared as such by the court or the competent authority. (art. 1913 para. 2 C.C.Q.)
Moreover, if the unit becomes unfit for habitation during the lease, the tenant may abandon it by notifying the landlord before or within 10 days of the abandonment. The tenant is then exempt from paying rent for the period during which the unit is unfit for habitation, unless this condition results from their own fault. (art. 1915 C.C.Q.)
WORK AND RENOVATIONS
The landlord is always within their rights to make modifications to the building or carry out renovations. They must, however, comply with certain formalities and respect the tenant's right to remain in the unit. The landlord must notify the tenant of any major improvement or non-urgent repair and offer reasonable compensation where a temporary evacuation is required. (art. 1922 C.C.Q.) The notice must be given at least 10 days before the planned work, or, if an evacuation of more than one week is required, at least three months in advance.
Compensation owed to the tenant in the event of a temporary evacuation is payable on the date of the evacuation. If it proves insufficient, the tenant may be reimbursed for reasonable additional expenses. Depending on the circumstances, the tenant may also obtain a rent reduction or resilitation of the lease. (art. 1924 C.C.Q.)
THE RIGHT TO REMAIN IN THE UNIT
This is the fundamental right of tenants in residential leasing. Every tenant holds a personal right to remain in the unit and may only be evicted in a limited number of cases provided for by law. (art. 1936 C.C.Q.) This cornerstone of housing law protects tenants against arbitrary conduct by landlords. Unlike in some other jurisdictions, a landlord cannot evict a tenant simply for convenience. Quebec law provides enhanced protection to tenants, allowing them to enjoy stability and predictability in housing. Moreover, a tenant benefiting from the right to remain is entitled to automatic renewal of a fixed-term lease upon its expiry. (art. 1941 C.C.Q.)
REPOSSESSION OF THE UNIT
Repossession of the unit is the main exception to the tenant's right to remain. In the following cases, the landlord may repossess the unit and evict the tenant:
Repossession to occupy
The landlord may repossess a unit to occupy it themselves or to house their first-degree ascendants or descendants, or any person for whom they are the principal support. They may also repossess it to house a former spouse for whom they remain the principal support after legal separation, divorce, or dissolution of a civil union.
Exceptions (as a general rule)
- Undivided co-owner: a co-owner of a building held in undivided co-ownership — where no co-owner has an exclusive unit — may not repossess any unit, unless there are only two co-owners who are spouses. (art. 1958 C.C.Q.)
- Elderly tenant: the landlord may not repossess a unit if the tenant is, at the time of repossession, a person aged 65 or older, has occupied the unit for at least 10 years, and has an income below 125% of the income threshold for eligibility for subsidized housing. (art. 1959.1 C.C.Q.)
- Available vacant unit: the landlord may not, without the tenant's consent, exercise the right of repossession if they own another unit that is vacant or available for rent on the planned repossession date, of the same type as the one occupied by the tenant, located nearby, and at an equivalent rent. (art. 1964 C.C.Q.)
Repossession for modification (general rule)
The landlord may, in certain circumstances and in certain municipalities, evict a tenant if they wish to subdivide the unit, substantially enlarge it, or change its use. The threshold is high: not all modifications and types of work give rise to this right of repossession. The work must be structural in nature and significantly alter the building. (art. 1959 C.C.Q.)
Under art. 1965 C.C.Q., in the case of a repossession, the landlord must pay the evicted tenant reasonable moving expenses, as well as compensation equal to one month's rent for each year of uninterrupted tenancy (up to a maximum of 24 months, with a minimum of 3 months). Furthermore, if the tenant learns that the repossession was merely a scheme by the landlord to evict them in bad faith, they may obtain punitive damages. (art. 1968 para. 2 C.C.Q.)
LEASE ASSIGNMENT AND SUBLETTING
The tenant has the right to assign their lease or sublet their unit, provided the landlord is notified in advance. The landlord may not refuse without serious grounds. (art. 1870 C.C.Q.) In the case of a lease assignment, the assignee takes the original tenant's place and assumes all their rights and obligations. In the case of subletting, the original tenant remains responsible to the landlord for payment of rent and compliance with lease obligations.
The subtenant does not benefit from the right to remain in the unit — this right belongs exclusively to the principal tenant.
Where to start?
Whether you are a landlord or a tenant, knowing your rights and those of the other party is essential for productive negotiations and harmonious cohabitation. If you want to learn more about your rights, or are in a dispute with your landlord or tenant, consult your lawyer or contact us at Fiset Legal. Our lawyers specializing in housing law will analyze your situation and guide you toward the best solution — whether through negotiation, a TAL application, or court proceedings.
Knowing your rights is the first step to asserting them.
