Permanent residents

Understanding your rights as a tenant in Quebec: A guide to legal protections and responsibilities

Anushka

January 16, 2025

Understanding your rights as a tenant in Quebec

Key takeaways

Overnight Guests: Rights as a tenant in Quebec include having the legal right to host overnight guests, and landlords cannot impose additional fees or restrictions for this.

Pets and Pet Restrictions: While landlords can set restrictions on pets, they cannot enforce a blanket “no pets” rule without justification. Support animals are always allowed.

Repairs and Responsibilities: Tenants are only responsible for minor repairs, such as fixing small damages they cause. For major repairs, landlords are obligated to handle them, and tenants can seek reimbursement from the landlord if they do the repairs themselves.

For many newcomers, securing a place to live is a top priority upon arriving in Canada. Ensuring safe and comfortable housing for you and your family also involves understanding your tenant rights. If you’re settling in Quebec, here’s what you need to know to find a place that suits you.

What documents are needed to rent in Quebec?

Renting a house, apartment, or other types of dwellings in Quebec typically requires submitting specific documents as part of the rental application process. These documents will help confirm your financial standing and rental history. The application form in Quebec is known as the formulaire de bail de la Régie du logement, available in both English and French.

Here are some of the common documents that you may be asked to provide during your rental application:

  1. Identification: You will likely need to provide a valid ID, such as a driver’s license, health insurance card, passport, or Social Insurance Number (SIN) card. Note that landlords are not allowed to take photographs or photocopies of your identification.
  2. Proof of income: A landlord may ask you to show proof of income, which can be recent pay stubs or other documents that demonstrate your financial capability to pay rent.
  3. Bank statement: If you are self-employed or in between jobs, you might be asked to submit a recent bank statement in place of pay stubs or employment letters. This helps the landlord verify that you have the financial means to cover rent.
  4. References: You may be asked to provide references from trusted individuals, such as friends or employers, who can vouch for your character and reliability as a tenant. These references should be from individuals based in Canada. Additionally, a landlord may request contact information for previous or current landlords to assess your suitability.
  5. Credit report: A full credit report is often required as part of the rental application. This report provides a summary of your credit history and includes a three-digit credit score. The higher the score, the better your financial health. The report also reveals any debts or bankruptcies. You can request a credit report for about $25 CAD, or the landlord may choose to conduct the credit check themselves, provided they have your consent. To do this, you will need to provide your full name, address, and date of birth.

Eviction rules in Quebec

In Quebec, tenants generally have the right to stay in their rental property. However, a landlord can legally evict a tenant if they intend to subdivide, significantly renovate, or change the use of the property.

When issuing an eviction notice, the landlord must specify the reason for eviction and the proposed date of departure. The notice must adhere to the following timeframes:

  • Six months notice is required for leases that are six months or longer.
  • One month notice is required for leases that are shorter than six months.
  • Six months notice is required for leases that have no fixed end date.

After receiving the eviction notice, the tenant has one month to respond to the landlord, either accepting or rejecting the eviction. If the tenant does not respond within this timeframe, they are considered to have accepted the eviction. If the tenant refuses to leave, they can apply to the Régie du logement within the one-month period.

Furthermore, the Tribunal administratif du logement mandates that landlords must compensate the tenant with an amount equal to three months’ rent as well as reasonable moving expenses. This compensation is paid when the lease concludes, and tenants must provide receipts for their moving costs as proof.

The only exception to evicting a tenant is if they or their spouse are:

  • 70 years or older 
  • Has lived in the property for 10 years or more
  • Has an annual income that makes them eligible for low-rental housing.
Understanding your rights as a tenant in Quebec

Repossession rules in Quebec

In Quebec, unlike in other provinces, a landlord cannot evict a tenant for personal use. Instead, they must issue a Notice of Repossession. The landlord may repossess a dwelling for the following reasons:

  • For themselves to live in
  • For their children or parents to live in
  • For a legally separated or divorced spouse to live in
  • For a dependent relative to live in
  • For an in-law related by marriage or common law to live in

The Notice of Repossession must specify the repossession date, the name of the person who will be moving in, and their relationship to the landlord.

The required notice periods for repossession are as follows:

  • Six months for leases of six months or longer
  • One month for leases shorter than six months
  • Six months for leases without a set term

After receiving the repossession notice, the tenant has one month to inform the landlord whether they accept or reject the notice. If the tenant does not respond, it is assumed they have declined to vacate the property.

Unlike with eviction, there is no legal obligation for landlords to compensate tenants for repossession. If compensation is desired, tenants can apply to the Régie du logement for reimbursement of moving costs.

An exception to repossession applies if the tenant or their spouse:

  • Are 70 years or older
  • Have lived in the property for 10 years or more
  • Have an income low enough to qualify for low-rental housing

Your responsibilities as a tenant in Quebec

As a tenant in Quebec, you have certain responsibilities towards your landlord, just as the landlord has duties to you. These include:

  • Paying rent fully and on time as specified in your lease.
  • Informing the landlord promptly if there are urgent issues that need repairs, such as a burst pipe.
  • Keeping the rental property clean and maintaining it, which may include tasks like clearing snow or mowing the lawn.
  • Repairing any damages caused by you or your guests.
  • Being considerate of other tenants and avoiding disturbances in the building.
  • Returning the rental property in the same condition you received it, as required by law.

What is included in a rental lease?

In Quebec, unlike other provinces, tenants are required to pay for a copy of the standard lease agreement. These can be purchased at the offices of the Tribunal administratif du logement, selected bookstores, post offices, Staples (Bureau en gros), or by calling the toll-free number 1-800-463-2100. Alternatively, you can buy a copy online through Publications du Quebec. The cost for a Régie du logement mandatory form is $1.99 CAD.

Below are the key components of a standard lease in Quebec:

Lease ComponentDescription
Parties to the agreementSection A of the lease agreement includes the name, address, telephone number, and email of the landlord (lessor) and the tenant (lessee).
Description of the dwellingSection B in the standard agreement includes the address of the property and specifics such as indoor or outdoor parking, storage, appliances, and any furniture included.
Terms of the leaseSection C outlines whether the lease is a fixed-term or indeterminate (no end date) lease. If fixed-term, it specifies the start and end dates.
RentSection D covers the rent cost, any additional services offered by the landlord, the date and method of payment (cash, cheque, or electronic transfer), and post-dated cheques.
Services and conditionsSection E covers by-laws of the immovable, any works or repairs the landlord agrees to, janitorial services, and utility responsibilities (e.g., heating, gas, electricity).
Restrictions on rent and leaseSection F specifies that neither party can apply to the Régie du logement to fix the rent or modify lease conditions unless the property is newly built or converted.
Notice to subleaseSection G outlines conditions for subleasing, including tenant responsibilities to communicate any changes to the landlord.
SignaturesSection H is where all parties sign and date the lease agreement.
Notice of family residenceSection I confirms that if a tenant is married or in a civil union, they must get written consent from their spouse to sublease or terminate the lease and verify family residence status.
Understanding your rights as a tenant in Quebec

What is included in a lease in Quebec?

When renting a property in Quebec, both you and your landlord must use an official, standard lease agreement that is approved by local authorities. It’s important to note that application forms are legal and binding documents in Quebec. Therefore, it’s crucial to thoroughly understand your rights and obligations before signing anything. Below are some clauses or conditions that can and cannot be included in a lease agreement in Quebec:

Clauses that can be included in a lease:

Certain clauses can be included in a lease because Quebec law allows flexibility in these areas. The following are some examples of what can be agreed upon:

  • Repairs to the property: If the landlord agrees to make certain repairs before or after you move in (for example, fixing a broken washing machine), this should be clearly stated in the rental agreement, specifically in Section E of the lease form.
  • Utilities: Section E of the lease also specifies who is responsible for each utility bill. This includes heating, gas, electricity, water, hot water rental, and hot water service fees. It’s important that both parties agree on who will pay for each utility, and this should be marked clearly in the lease.
  • Smoking: A landlord may include a clause prohibiting smoking in the rental property, which could include tobacco as well as cannabis, which is legal in Canada. This clause would be added to Section E of the lease.
  • Pets: In Section E, the lease can contain a clause that either restricts or sets conditions for keeping pets in the rental property. This could include rules on the types of pets allowed, such as weight limits for dogs or restrictions on certain breeds.
Clauses that cannot be included or changed in a lease

There are several clauses that cannot be included in a lease in Quebec, including the following:

  • Guests: A landlord cannot include a clause that prohibits a tenant from having guests, roommates, or additional occupants, such as family members, stay in the rental property.
  • Additional deposits or fees: A landlord cannot require tenants to pay any additional deposits or fees that are not specified by the Tribunal administratif du logement. This includes charges like key deposits or security deposits for a furnished apartment. In Quebec, a landlord is only permitted to request the first month’s rent in advance.
  • Payment for repairs: A landlord cannot ask a tenant to pay for repairs that are their responsibility. In Quebec, tenants are only responsible for minor maintenance tasks, such as repairing small holes in the walls. If a landlord fails to carry out necessary repairs, tenants can request permission from the Régie du logement to perform the repairs themselves. In this case, the landlord must reimburse the tenant for all costs incurred.

Rental increase limits in Quebec

In Quebec, when a lease is up for renewal, the landlord may request a rent increase, provided it is considered reasonable. The Tribunal administratif du logement has developed a tool to assist in calculating permissible rent increases, which takes into account factors such as property taxes, insurance, building repairs, and utility bills (such as electricity and gas). These guidelines, available only in French for 2021, can be complex.

Tenants have the right to accept or decline the rent increase within one month of receiving notice from the landlord. If the tenant rejects the increase, they must inform the landlord and refuse the proposed change. In such cases, the lease will still be renewed, but the landlord may seek a decision from the Régie du logement regarding the proposed increase.

Understanding your rights as a tenant in Quebec

What are my rights as a tenant in Quebec?

While landlords often seem to have more authority when it comes to renting properties, tenants in Quebec are also protected by legal rights. Here are some key points regarding tenant rights in Quebec:

Do I need tenant insurance?
Although it is not a legal requirement to purchase tenant liability insurance, it is strongly recommended. Without it, the landlord is not responsible for any loss or damage to your personal belongings that would typically be covered by insurance. Additionally, if you have to temporarily relocate due to an emergency, such as a fire or flood, the landlord is not obligated to cover the costs of alternative accommodation if you do not have insurance.

Can a landlord say no to overnight guests?
In Quebec, a landlord cannot legally prevent you from having overnight guests at your rental property, regardless of what they may say or include in the rental agreement. You have the right to decide who you invite to stay with you. A landlord cannot impose any restrictions on this right, nor can they charge you extra fees or threaten to raise your rent due to having guests. However, it is important to remember that as a tenant, you are responsible for any disruptions or damages your guests may cause to the property.

Can a landlord say no to pets?
A landlord can include restrictions on pets in the lease agreement, specifically in Section E, which could involve prohibiting pets or setting conditions for having them. However, Quebec law does not provide clear guidance on whether a landlord can outright enforce a “no pets” policy. In some cases, building by-laws may restrict pets, and in such instances, the landlord should provide you with a copy of these by-laws.

The only exception to this rule is for support animals, such as guide dogs or service animals, which must be allowed as per the Charter of Human Rights and Freedoms. If a pet causes damage or disturbances to other tenants, the landlord has the right to ask you to remove the pet. It’s advisable to be transparent about having a pet when you first sign a tenancy agreement.

Conclusion

Understanding your rights and responsibilities as a tenant in Quebec is essential to ensuring a smooth and secure rental experience. Quebec’s rental laws offer strong protections for tenants, covering aspects like repairs, utility responsibilities, and restrictions on lease clauses. By knowing your rights, such as the ability to have overnight guests or pets under specific conditions, you can protect yourself from unfair practices and navigate any challenges that may arise during your tenancy.


Anushka

Senior Marketing Manager, Beacon