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Les Publications du Qubec

Rgie du
logement
Mandatory
Form
Two copies

$1.99

LEASE

of a Dwelling
As of September 1, 1996,
the enclosed form must be used for
renting a dwelling, including
a room;
an apartment;

This form must also be used for the

rental of
services (such as janitorial or
transportation);
accessories (such as furniture, a
refrigerator, stove, laundry room);

a condominium;

dependencies (such as a garage,

shed or parking space)

a house;
etc.

if these are not already included

in the lease for the dwelling.

Other Mandatory Forms

Schedule Services for the
Elderly or Handicapped

rental of low-rental housing;

Whenever special services are offered

to elderly or handicapped people a
schedule describing these services
must be filled out in addition to the
lease for the dwelling.

rental of a dwelling in a cooperative.

Lease forms including this schedule

are available at the offices of the
Rgie du logement and at
Les Publications du Qubec.
Other Leases
Other forms must be used in the
following situations:
rental of a dwelling to a student by
an educational institution ;

rental of a lot to accommodate a

mobile home;
In these two last cases, the necessary
forms may be found at the offices of
the Rgie du logement and at
Les Publications du Qubec.
Written Document in the Case of a
Verbal Lease
When a lease is agreed upon verbally,
the landlord must give the tenant a
form entitled Mandatory Writing. This
form may be purchased at the last
sales points indicated above.

See exclusions on
the reverse side

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MANDATORY FORM OF THE RGIE DU LOGEMENT

LEASE
BETWEEN

A
the lessee

and the landlord (lessor)

Name
No.

Name
Street

Apt.

No.

Postal
code

Municipality
Telephone
(domicile)

Telephone
(other)

Telephone
(domicile)

Telephone
(other)

Where applicable, represented by

Name

Name
Street

Apt.

Position

Postal
code

Municipality
Telephone
(domicile)

Apt.
Postal
code

Municipality

the lessee
No.

Street

mandated for that purpose.

Telephone
(other)

The term landlord used in the lease has the same meaning as the term lessor in the law.
The names indicated in the lease shall be that of the lessee and that of the landlord or the name that the law authorizes them to use.
The singular includes the plural.

DESCRIPTION AND DESTINATION OF LEASED DWELLING,

ACCESSORIES AND DEPENDENCIES

No. ___________ Street ___________________________________________________________________ Apt. ______________

Number of rooms __________

The dwelling is leased for residential purposes only.

Yes

No

If not, for combined purposes of housing and ________________________________________________________________

Specify

but no more than one-third of the total area will be used for that second purpose (art. 1892 C.C.Q.).

Outdoor parking

Indoor parking

Locker/storage space

Number of places ____________ Parking spaces ___________________________

Number of places ____________ Parking spaces ___________________________
Specify ________________________________________________________________

Other______________________________________________________________________________________________________
Furniture is leased and included in the rent.
Kitchen
Stove
l
Refrigerator
l
Table
l
Chair(s)
l
number _________
Dishwasher
l
____________________

Yes l

Rooms
Bed(s)
l
number __________
size ______________
Chest(s) of drawers l
number __________
Bed table(s)
l
number __________

No

Living room
Couch(es)
l
number __________
Armchair(s)
l
number __________
Living room table(s) l
number __________
_____________________

Other
Washer
l
Dryer
l
____________________
____________________
____________________
____________________
____________________

The parties should make a description of the condition of the premises at the time of the delivery of the dwelling (art. 1890 C.C.Q.).

TERM OF LEASE (art. 1851 C.C.Q.)

Fixed term lease

The term of the lease is ________________________ beginning on _____________________________________
/
/
Specify weeks, months or years

day

month

year

/
/
and ending on ______________________________________.
day

month
year
(usually the last day of a month)

or
Indeterminate term lease
/
/
The term of the lease is indeterminate, beginning on _____________________________________.
day

month

year

Whether the term of a lease is fixed or indeterminate, the landlord may not terminate the lease (except in the cases provided for
by law) (particulars Nos. 5 and 9).
DECEMBER 2009

May not be reproduced

Page 1 of 8

Lease No. _________

FOLD LINE

Municipality ___________________________________________________________ Postal code ________________________

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RENT (arts. 1903 and 1904 C.C.Q.)

The rent is payable in equal instalments not exceeding 1 months rent, except the last instalment which may be
less. The landlord may not exact any other amount of money from the lessee (e.g., deposit for keys).
The rent is $ ___________________________________________________ per month

per week

other __________________________________, for a total amount of $ ___________________________________

__________________________________________ for the full term of the lease (if it is a fixed term lease).
Date of payment
The landlord may require advance payment of the rent only for the first payment period (the first month, the first
week or other). The advance payment may not exceed 1 months rent. As to the other instalments, rent is payable
only on the first day of each payment period (month, week or other), unless otherwise agreed.
/
/
_____________________________________

The rent for the first payment period will be paid in whole, on

day

month

year

/
/
or in part, that is $ ____________________________________ , on _____________________________________
day

Specify the amount

month

year

/
/
and $ ____________________________________ , on _____________________________________.
day

Specify the amount

month

year

Payment of the rent for the other payment periods will be made on the 1st day of the month l
of the week l

other __________________________________.

Method of payment
The landlord may not require payment by means of a postdated cheque or other postdated instrument.
Rent is payable in accordance with the following method of payment:
by cheque

in cash

other method of payment ____________________________________________

Place of payment
The rent is payable at the lessees domicile, unless otherwise agreed (art. 1566 C.C.Q.).
Rent shall be payable at _________________________________________________________________________.

DO NOT DETACH

Place of payment - specify if by mail

Proof of payment
The lessee is entitled to a receipt for the payment of his rent (art. 1568 C.C.Q.).

SERVICES AND CONDITIONS

By-laws of the immovable (arts. 1057 and 1894 C.C.Q.)

The rules to be observed in the immovable may be established by by-laws. The by-laws pertain to the enjoyment,
use and maintenance of the dwelling and of the common premises.
If such by-laws exist, the landlord must give a copy of them to the lessee before entering into the lease so that
the by-laws form a part of the lease.
If the dwelling is located in an immovable of divided co-ownership, the by-laws of the immovable will apply as
soon as a copy of the by-laws has been given to the lessee by the co-owner or by the syndicate.
There are by-laws for the immovable.

Yes

No

If yes, a copy of the by-laws was given to the lessee before entering into the lease.

Yes l

No l

If yes, on ______________________________.
Date when by-laws were given to lessee

Work and repairs

On the date fixed for the delivery of the dwelling, the landlord must deliver it in a good state of repair in all
respects. However, the lessee and the landlord may agree otherwise and agree on the work to be done and a
timetable for performing the work (art. 1854 1st par. and art. 1893 C.C.Q.).
However, the landlord may not release himself from his obligation to deliver the dwelling, its accessories and
dependencies in clean condition and to deliver and maintain them in habitable condition (arts. 1892, 1893, 1910
and 1911 C.C.Q.).
Where applicable, the work to be carried out by the landlord is as follows:
before the delivery of the dwelling

during the lease

Janitorial service

Yes

No

Specify

The telephone number of the janitor or person to contact in case of need is ____________________________.
DECEMBER 2009

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SERVICES AND CONDITIONS (cont.)

Services, taxes and consumption costs

Will be borne by the
landlord
Heating of dwelling
l
Hot water
l
Electricity
l
Water tax
l

lessee

l
l
l
l

Conditions
The lessee has a right of access to the land.

Snow removal
parking area
balcony
entrance
stairs
Yes l

Specifications or limitations

The lessee has the right to keep one or more animals.

No

landlord

lessee

l
l
l
l

l
l
l
l

Yes l

No

Specifications or limitations

Other services and conditions (e.g., laundry room)

RESTRICTIONS ON THE RIGHT TO HAVE THE RENT FIXED AND THE

LEASE MODIFIED BY THE RGIE DU LOGEMENT (art. 1955 C.C.Q.)

Section to be completed where one of the situations described herein applies.

The lessee and the landlord may not apply to the Rgie du logement for the fixing of the rent or for the
modification of another condition of the lease because

l the dwelling is located in an immovable erected 5 years ago or less. The immovable became ready for
day

or

month

year

l the dwelling is located in an immovable whose use for residential purposes results from a change of destination
that was made 5 years ago or less (e.g., school converted into dwellings). The immovable became ready for
habitation on _____________________________________.
/
/
day

month

year

However, the Court may rule on any other application concerning the lease (e.g., decrease in rent).
If one of the 2 boxes above is ticked off, and if the 5-year period has not yet expired, the lessee who objects to a
modification in his lease requested by the landlord, such as an increase in the rent, shall vacate the dwelling
upon termination of the lease (particulars Nos. 39 and 41).
If neither of the 2 boxes is ticked off, and if the lessee objects to a modification in his lease requested by the
landlord and wishes to continue to live in the dwelling, the lease is then renewed. The landlord may apply to the
Rgie du logement for the fixing of the conditions of the lease for its renewal (particulars Nos. 41 and 42).

NOTICE TO A NEW LESSEE OR SUBLESSEE

(arts. 1896 and 1950 C.C.Q.)

Mandatory notice to be given by the landlord or the sublessor at the time the lease
is entered into, except when section F is completed.
I hereby notify you that the lowest rent paid for your dwelling during the 12 months preceding the
beginning of your lease, or the rent fixed by the Rgie du logement during that period, was
$ ____________________________ per month

per week

other __________________________.

The property leased and the conditions of your lease are the same.

Yes

No

If not, the following changes have been made (e.g., addition of parking, heating to be paid by the
lessee):

___________________________

_____________________________________________________

Date

Signature of the landlord or sublessor

If the new lessee or sublessee pays a rent higher than that declared in the notice, he may, within 10 days of the
date the lease is entered into, apply to the Rgie du logement to have his rent fixed.
If the landlord or sublessor did not give that notice at the time the lease was entered into, the new lessee or sublessee may, within 2 months of the beginning of the lease, apply to the Rgie du logement to have his rent fixed.
The new lessee or sublessee may also make such application within 2 months of the day he becomes aware of a
false statement in the notice.
DECEMBER 2009

Page 3 of 8

FOLD LINE

/
/
habitation on _____________________________________.

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SIGNATURES

Please note: Each copy must be signed separately.

__________________________________ __________________

____________________________________________________

Place of signature

Signature of landlord (or his mandatary)

Date

__________________________________ __________________

____________________________________________________

Place of signature

Signature of lessee

Date

__________________________________ __________________

____________________________________________________

Place of signature

Signature of lessee

Date

Any other person who signs the lease should clearly indicate in what capacity he is doing so
(e.g., another lessee, another landlord, surety, witness, etc.).
Name

Address

Capacity

__________________________________ __________________

____________________________________________________

Place of signature

Date

Signature

Name

Address

Capacity

__________________________________ __________________

____________________________________________________

Place of signature

Signature

Date

Within 10 days after entering into the lease, the landlord must give the lessee a copy of the lease
(art. 1895 C.C.Q.).

NOTICE OF FAMILY RESIDENCE (art. 403 C.C.Q.)

A married lessee may not, without the written consent of his spouse, sublease his dwelling, transfer his lease or
terminate his lease where the landlord has been notified, by either of the spouses, that the dwelling leased is
used as the family residence.

DO NOT DETACH

Notice to landlord
I hereby declare that I am married to _______________________________ . I hereby notify you that the
Name of spouse

dwelling covered by the lease will be used as the family residence.

__________________________

___________________________________________________

Date

Signature of lessee or spouse

RGIE DU LOGEMENT
Lessees and landlords may obtain information on their rights and obligations from the Rgie du logement.
Should a dispute arise, they may pursue legal remedies before the Rgie.

HOW TO REACH THE RGIE DU LOGEMENT

www.rdl.gouv.qc.ca
To facilitate your telephone discussion, please have all the relevant documents at hand.
Montral Area : 514 873-BAIL or 514 873-2245*
Elsewhere in Qubec : 1 800 683-BAIL or 1 800 683-2245*

*An automated information service is available around the clock.

The Rgie du logement is answerable to the Minister of Municipal Affairs.

DECEMBER 2009

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PARTICULARS
General information
These particulars describe most of the rights and
obligations of lessees and landlords. They summarize the
essential points of the law concerning leases, articles 1851
to 1978 of the Civil Code of Qubec (C.C.Q.).
The numbers in brackets refer to those articles of the
Civil Code. The examples provided in the particulars are
there for information purposes and are used to illustrate a
rule.
Those rights and obligations shall be exercised in
compliance with the rights recognized by the Charter of
human rights and freedoms, which prescribes, among other
things, that every person has a right to respect for his private
life, that every person has a right to the peaceful enjoyment
and free disposition of his property, except to the extent
provided by law, and that a persons home is inviolable.
The Charter also prohibits any discrimination and
harassment based on race, colour, sex, pregnancy, sexual
orientation, civil status, age except as provided by law,
religion, political convictions, language, ethnic or national
origin, social condition, a handicap or the use of any means
to palliate a handicap.
Any person who is a victim of discrimination or
harassment for one of those reasons may file a complaint
with the Commission des droits de la personne et des droits
de la jeunesse.
In addition, except if the size of the dwelling justifies
it, a landlord may not refuse to enter into a lease with a
person or to maintain the person in his or her rights, or
impose more onerous conditions on the person for the sole
reason that the person is pregnant or has one or several
children. Nor can he so act for the sole reason that the
person has exercised his or her rights under the chapter
entitled Lease of the Civil Code of Qubec or under the Act
respecting the Rgie du logement (art. 1899 C.C.Q.).
No person may harass a lessee in such a manner as to
limit his right to peaceable enjoyment of the premises or to
induce him to leave the dwelling. In case of a violation,
punitive damages may be claimed (art. 1902 C.C.Q.).
The parties shall always act according to the rules of
good faith. No right may be exercised with the intent of
injuring another or in an excessive and unreasonable
manner which is contrary to the requirements of good faith
(arts. 6, 7 and 1375 C.C.Q.).
Any non-performance of an obligation by a party entitles
the other party to pursue remedies such as the following
before a court of law, generally the Rgie du logement:
performance of the obligation;
deposit of the rent;
a reduction in the rent;
resiliation of the lease;
damages and, in certain cases, punitive damages.
Furthermore, the landlord shall comply with the
prescriptions of the Act respecting the protection of
personal information in the private sector.
Please note that specific rules, which are not
mentioned in these particulars, apply to the lease of a
dwelling in low-rental housing within the meaning of
article 1984 2nd par. of the Civil Code, where this form
must be used.

Entering into the lease

Language of the lease and of the by-laws of
the immovable (art. 1897 C.C.Q.)
1. The lease and the by-laws of the immovable shall be
drawn up in French. However, the landlord and the lessee
may agree to use another language.
Clauses of the lease
2. The landlord and the lessee may agree on various
clauses, but they may not disregard the provisions of public
order by means of a clause in the lease (particular No. 3).
The legal rules contained in particulars Nos. 13, 14
and 52 to 54 are suppletive, i.e., they apply if the parties do
not decide otherwise.
3. Pursuant to article 1893 C.C.Q., clauses which are
inconsistent with articles 1854 (2nd par.), 1856 to 1858,
1860 to 1863, 1865, 1866, 1868 to 1872, 1875, 1876, 1883,
1892 to 1978 and 1984 to 1995 of the Civil Code have no
effect (are void).
For instance, no one may, in the lease,

waive his right to maintain occupancy (art. 1936 C.C.Q.);

waive his right to sublease his dwelling or to assign his
lease (art. 1870 C.C.Q.).
A person may not release himself from the obligation
to give notice (art. 1898 C.C.Q.).
The following clauses are also without effect:
a clause limiting the liability of the landlord or releasing
him from an obligation (art. 1900 C.C.Q.);
a clause that renders the lessee liable for damage caused
without his fault (art. 1900 C.C.Q.);
a clause that modifies the rights of the lessee by reason
of an increase in the number of occupants in the
dwelling, unless the size of the dwelling warrants it
(art. 1900 C.C.Q.);
a clause providing for an adjustment of the rent in a
lease of 12 months or less (art. 1906 C.C.Q.);
a clause in a lease of more than 12 months providing for
an adjustment of the rent during the first 12 months of
the lease or more than once during each 12-month
period (art. 1906 C.C.Q.);
a clause whereby the lessee acknowledges that the
dwelling is in habitable condition (art. 1910 C.C.Q.);
a clause providing for the total payment of the rent if the
lessee fails to pay an instalment (art. 1905 C.C.Q.);
a clause limiting the right of the lessee to purchase
property or obtain services from such persons as he
chooses, and on such terms and conditions as he sees fit
(art. 1900 C.C.Q.).
4. The lessee may also apply to the Court to have a
clause in the lease recognized as abusive, in which case the
clause may be cancelled or the obligation arising from it
may be reduced (art. 1901 C.C.Q.).

Right to maintain occupancy

5. The lessee, excluding a sublessee (art. 1940 C.C.Q.),
has a personal right to maintain occupancy in his dwelling
(art. 1936 C.C.Q.). He may be evicted from his dwelling only
in the cases provided for by law, including
the repossession of the dwelling (particular No. 45);
the resiliation of the lease (art. 1863 C.C.Q.);
subleasing for more than 12 months (art. 1944 C.C.Q.);
division, substantial enlargement or change of destination
of the dwelling (art. 1959 C.C.Q.).
6. The right to maintain occupancy may be extended to
certain persons where cohabitation with the lessee ceases or
where the lessee dies, provided that those persons comply
with the formalities provided for by law (art. 1938 C.C.Q.).
However, those persons are not considered as new
lessees (art. 1951 C.C.Q.) (Section G, Notice to a new lessee
or sublessee).
Change of landlord
7. The new landlord of an immovable is bound to respect
the lease of the lessee. The lease is continued and may be
renewed in the same manner as any other lease (art. 1937
C.C.Q.).
8. Where the lessee has not been personally informed of
the name and address of the new landlord or of the person
to whom he owes payment of the rent, he may, with the
authorization of the Rgie du logement, deposit his rent
with it (art. 1908 C.C.Q.).
Death
9. A lease is not terminated by the death of the landlord
or the lessee (art. 1884 C.C.Q.). The lease may, however, be
resiliated in certain cases by the succession (arts. 1938 and
1939 C.C.Q.). The landlord may avoid the renewal of the
lease under certain circumstances (art. 1944 C.C.Q.).
Non-payment of rent
10. Non-payment of rent entitles the landlord to obtain
from the Court a condemnation forcing the lessee to pay it.
Also, if the lessee is over 3 weeks late in paying his rent,
the landlord may obtain the resiliation of the lease.
Frequent late payment of the rent may also warrant
the resiliation of the lease if the landlord suffers serious
prejudice as a result (arts. 1863 and 1971 C.C.Q.).

Spouses and co-lessees liability

Married persons liability (art. 397 C.C.Q.)
11. A spouse who rents a dwelling for the usual needs of
the family also binds the other spouse for the whole, if they
are not separated from bed and board, unless the other

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spouse has previously informed the landlord of his or her

unwillingness to be bound for the debt.
Co-lessees liability
12. If the lease is signed by more than one lessee, the
lessees are jointly liable for the obligations arising out of
the lease, each of them being liable for his own share only
(art. 1518 C.C.Q.).
However, the co-lessees and the landlord may agree
that the liability will be solidary. In such case, each lessee
may be held liable for all the obligations of the lease
(art. 1523 C.C.Q.).
Solidarity between co-lessees is not presumed. It exists
only where it is expressly stipulated in the lease (art. 1525
C.C.Q.).

Enjoyment of premises
13. The landlord shall provide the lessee with peaceable
enjoyment of the leased property throughout the term of
the lease (art. 1854 1st par. C.C.Q.) (particular No. 2).
14. The lessee shall, throughout the term of the lease, use
the leased property with prudence and diligence, i.e., he
must use it in a reasonable fashion (art. 1855 C.C.Q.)
(particular No. 2).
15. The lessee may not, without the consent of the
landlord, use or keep in the dwelling a substance which
constitutes a risk of fire or explosion and which would lead
to an increase in the insurance premiums of the landlord
(art. 1919 C.C.Q.).
16. The occupants of a dwelling shall be of such a number
as to allow each of them to live in normal conditions of
comfort and sanitation (art. 1920 C.C.Q.).
17. The lessee and the persons he allows to use or to have
access to his dwelling shall act in such a way as not to
disturb the normal enjoyment of the other lessees
(art. 1860 C.C.Q.).
18. During the term of the lease, the landlord and the
lessee may not change the form or use of the dwelling
(art. 1856 C.C.Q.).

Maintenance of dwelling and

repairs
Obligation of maintenance
19. The landlord is obligated to warrant the lessee that the
dwelling may be used for the purpose for which it was
leased and to maintain the dwelling for that purpose
throughout the term of the lease (art. 1854 2nd par. C.C.Q.).
20. The lessee shall keep the dwelling in clean condition.
The landlord shall restore the dwelling to clean condition
after carrying out work in it (art. 1911 C.C.Q.).
21. A lessee who becomes aware of a serious defect or
deterioration of the dwelling shall inform the landlord
within a reasonable time (art. 1866 C.C.Q.).
22. The statutes and regulations respecting the safety,
sanitation, maintenance or habitability of an immovable
shall be considered as obligations under the lease
(art. 1912 C.C.Q.).
Dwelling unfit for habitation
23. A lessee may refuse to take possession of a dwelling
that is unfit for habitation, that is, if it is in such a condition
as to be a serious danger to the health or safety of its
occupants or the public. In such a case, the lease is
resiliated automatically (arts. 1913 and 1914 C.C.Q.).
24. The lessee may abandon his dwelling if it becomes
unfit for habitation. In such case, he shall inform the
landlord of the condition of the dwelling before abandoning
it or within the following 10 days (art. 1915 C.C.Q.).
Urgent and necessary repairs
25. The lessee shall allow urgent and necessary repairs
to be made to ensure the preservation or enjoyment of
the leased property, but he retains, according to the
circumstances, recourses, including the right to
compensation in the case of temporary vacancy.
In the case of urgent repairs, the landlord may require
temporary vacancy, without notice and without
authorization from the Rgie du logement (art. 1865 C.C.Q.).
26. The lessee may, without the authorization of the Rgie
du logement, undertake repairs or incur expenses if they
are urgent and necessary to ensure the preservation or
enjoyment of the leased property. However, he may do so
only if he has informed or attempted to inform the landlord
of the situation and if the latter has not acted in due course.
The landlord may intervene to pursue the work.

The lessee shall render an account to the landlord of

repairs undertaken and expenses incurred and shall deliver
to him the invoices. He may withhold from his rent an
amount for reasonable expenses incurred (arts. 1868 and
1869 C.C.Q.).
Major non-urgent work (arts. 1922 to 1929 C.C.Q.)
27. The landlord shall give notice to the lessee before
undertaking in the dwelling major repairs or improvements
that are not urgent. If temporary vacancy is necessary, he
shall offer compensation equal to the reasonable expenses
the lessee will have to incur during the work. Such
compensation is payable to the lessee on the date the
vacancy begins.
The notice shall indicate
the nature of the work;
the date on which it is to begin;
an estimate of its duration and, where applicable:
the necessary period of vacancy;
the compensation offered;
any other conditions under which the work will be
carried out if it is of such a nature as to cause a
substantial reduction of the enjoyment of the premises by
the lessee.
The notice shall be given at least 10 days before the
date on which the work is to begin, except where the lessee
must vacate the dwelling for more than 1 week. In such
case, at least 3 months notice is required.
If the lessee fails to reply within 10 days after
receiving the notice requiring him to vacate the dwelling
temporarily, he is deemed to have refused to vacate the
premises. If the lessee refuses to vacate or fails to reply, the
landlord may, within 10 days of such refusal, apply to the
Rgie du logement for a ruling on the matter.
However, if the notice does not require the lessee to
vacate the dwelling temporarily or if the lessee agrees to
vacate, the lessee may, within 10 days after receiving the
notice, apply to the Rgie du logement to change or strike
down any condition relating to the performance of the work
which he considers abusive.
The Rgie du logement may be required to rule on the
reasonableness of the work, the conditions relating to its
performance, the necessity of the vacancy and the
compensation, if any.

Access to and visit of dwelling

28. To exercise rights of access to the dwelling, the
landlord and the lessee are bound to act in good faith:
the lessee shall facilitate access to the dwelling and shall
not refuse access without justification;
the landlord shall not abuse his rights and shall exercise
them in a reasonable manner with due respect for
privacy (arts. 3, 6, 7, 1375 and 1857 C.C.Q.).
29. The landlord may, during the lease, have access to the
dwelling
to ascertain the condition of the dwelling between
9:00 a.m. and 9:00 p.m.;
to show the dwelling to a prospective acquirer between
9:00 a.m. and 9:00 p.m.;
to carry out work between 7:00 a.m. and 7:00 p.m.
In all 3 cases, the landlord shall give the lessee
24 hours notice in writing or orally. In the case of major
work, the period for giving notice differs (arts. 1898, 1931
and 1932 C.C.Q.) (particular No. 27).
30. A lessee who gives notice to the landlord of his
intention to vacate the dwelling (particulars Nos. 38, 41
and 51) shall, from that time, allow the landlord to show
the dwelling to prospective lessees between 9:00 a.m. and
9:00 p.m., and allow him to post For rent signs
(arts. 1930 and 1932 C.C.Q.).
The landlord is not required to notify the lessee
24 hours in advance of a visit by a prospective lessee.
31. The lessee may require the presence of the landlord or
his representative during a visit to or a verification of his
dwelling (arts. 1932 and 2130 C.C.Q.).
32. Except in case of emergency, the lessee may deny
access to the dwelling if the conditions fixed by law are not
satisfied.
Where the lessee denies access to the dwelling for a
reason other than those provided for by law, the landlord
may obtain an order for access from the Rgie du logement.
Abuse of the right of access by the landlord or
unjustified denial of access by the lessee may also, in
certain cases, entail condemnation to pay damages or
exemplary damages (arts. 1863 and 1931 to 1933 C.C.Q.).

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33. No lock or other device restricting access to a dwelling

may be installed or changed without the consent of the
lessee and of the landlord (art. 1934 C.C.Q.).
34. The landlord may not prohibit a candidate in a
provincial, federal, municipal or school election, an official
delegate appointed by a national committee or the authorized
representative of either from having access to the immovable
or dwelling for the purposes of an election campaign or a
legally constituted referendum (art. 1935 C.C.Q.).

Notices (art. 1898 C.C.Q.)

35. Every notice relating to the lease, given by the
landlord (e.g., notice of modification in the lease to increase
the rent) or by the lessee (e.g., notice of non-renewal of a
lease), shall be written and drawn up in the same language
as the lease. It shall be given at the address indicated in
the lease or at any new address communicated since then.
Exception: Only the notice by the landlord for the
purpose of having access to the dwelling may be given
orally (particular No. 29).
36. Where a notice does not meet the requirements
concerning the written form, the address or the language,
it is valid only on the condition that the person who gave it
proves that the addressee has not suffered any damage as
a consequence.
Renewal and modification of
lease
Renewal of lease (art. 1941 C.C.Q.)
37. A lease with a fixed term is renewed of right when the
lease expires, which means that it is automatically renewed
at term on the same conditions and for the same term.
However, a lease with a term longer than 12 months is
renewed for 1 year only.
The landlord may not prevent the lease from being
renewed, except in certain cases (particulars Nos. 5 and 9).
However, he may, with a view to the renewal, modify the
lease, provided that he gives notice to the lessee
(particulars Nos. 39 and 40).
The lessee may avoid such renewal, provided that he
gives notice to the landlord (particulars Nos. 38 and 41).
Non-renewal of lease by the lessee
(arts. 1942, 1945 and 1946 C.C.Q.)
38. A lessee who wishes to vacate the dwelling upon
termination of his lease with a fixed term, or to terminate
his lease with an indeterminate term, shall give notice to
the landlord or reply to the landlords notice within the
time periods indicated in Table A.
Modification of lease
39. At the renewal of the lease, the landlord may modify
its conditions. For instance, he may modify its term or
increase the rent. To that end, he shall give notice of
modification to the lessee within the time periods indicated
in Table B (art. 1942 C.C.Q.).
40. The landlord shall, in that notice of modification,
indicate to the lessee
the modification or modifications requested;
the new term of the lease, if he wishes to change it;
the new rent in dollars or the increase requested, in
dollars or as a percentage, if he wishes to increase the
rent. However, where an application for the fixing or
review of the rent has already been filed, the increase
may be expressed as a percentage of the rent that will be
determined by the Rgie du logement;
the time granted to the lessee to refuse the proposed
modification, i.e., 1 month after receiving the notice
(arts. 1943 and 1945 C.C.Q.).
Reply to the notice of modification
(art. 1945 C.C.Q.)
41. A lessee who receives a notice of modification of the
lease has 1 month after receiving it to reply and notify the
landlord that he
accepts the requested modification or modifications; or
refuses the requested modification or modifications; or
will vacate the dwelling upon termination of the lease.
If the lessee fails to reply, this means that he accepts
the modifications requested by the landlord. If the lessee
refuses the modification, he is entitled to remain in his
dwelling because his lease is renewed. However, the Rgie
du logement may be requested to set the conditions of
renewal (particular No. 42).

Exception: Where Section F has been completed, a

lessee who refuses the requested modification shall vacate
the dwelling upon termination of the lease.
Fixing of conditions of the lease by the Rgie
du logement (arts. 1941 and 1947 C.C.Q.)
42. The landlord has 1 month, after receiving the reply of
a lessee who refuses the modifications, to apply to the
Rgie du logement for the fixing of the rent or for a ruling
on any other modification of the lease (Table B). If the
landlord does not file such application, the lease is renewed
on the same conditions, except for the term of the lease,
which may not be longer than 12 months.
Agreement on modifications (art. 1895 C.C.Q.)
43. Where the landlord and the lessee agree on the
modifications to be made to the lease (e.g., rent, term), the
landlord shall give the lessee a writing evidencing the
modifications to the initial lease before the beginning of the
renewed lease.
Contestation of adjustment of rent
(art. 1949 C.C.Q.)
44. Where a lease of more than 12 months provides for
the adjustment of the rent, the lessee or the landlord may
contest the excessive or inadequate nature of the agreed
adjustment and have the rent fixed.
An application for that purpose shall be filed with the
Rgie du logement within 1 month following the date on
which the adjustment is to take effect.

Repossession of dwelling

(arts. 1957,
1958, 1960 to 1964 and 1967 to 1970 C.C.Q.)
45. Where the lessor of the dwelling is the landlord, he
may repossess the dwelling in order to live in it or to allow
one of the beneficiaries provided for by law to live in it.
If the immovable belongs to more than 1 person, the
dwelling may generally be repossessed only if there is only
1 other co-owner who is the spouse or concubinary of the
other (e.g., co-owners who are brother and sister may not
repossess a dwelling).
A legal person (company) may not avail itself of the
right to repossess a dwelling.
Beneficiaries may be
the landlord, his father, mother, children or any other
relative or person connected by marriage of whom he is
the main support;
the spouse from whom he is separated or divorced if he
remains the main support of his spouse.
To repossess the dwelling, the lessor shall give notice
within the prescribed time periods. The steps for the
repossession of the dwelling and the time periods for the
notices are presented in Table C.
The notice shall contain the following:
the name of the beneficiary;
the degree of relationship or the connection between the
beneficiary and the landlord, if any;
the date fixed for the repossession.

Assignment and subleasing

46. Where a lessee assigns his lease, he abandons all his
rights and transfers all his obligations in respect of the
dwelling to a person called the assignee; as a result, he is
released from his obligations towards the landlord
(art. 1873 C.C.Q.).
A lessee who rents his dwelling or a part thereof binds
himself as a sublessor towards the sublessee, but he is not
released from his obligations towards the landlord
(art. 1870 C.C.Q.).
47. The lessee is entitled to assign his lease or to sublease
his dwelling with the landlords consent. However, the
latter may not refuse to give his consent without a serious
reason (arts. 1870 and 1871 C.C.Q.).
48. The lessee shall give the landlord notice of his
intention to assign his lease or to sublease the dwelling.
Such notice shall indicate the name and address of the
person to whom the lessee intends to assign the lease or
sublease the dwelling (art. 1870 C.C.Q.).
If he refuses, the landlord shall inform the lessee of his
reasons for refusing within 15 days after receiving the
notice. Otherwise, the landlord is deemed to have
consented to the assignment or sublease (art. 1871 C.C.Q.).
49. A landlord who consents to the assignment or sublease
may not exact any payment other than the reimbursement
of any reasonable expenses resulting from the assignment
or sublease (art. 1872 C.C.Q.).

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50. The sublease terminates not later than the date on

which the lease of the lessee terminates. However, the
sublessee is not required to vacate the dwelling before
receiving notice of 10 days to that effect from the sublessor
or, failing him, from the landlord (art. 1940 C.C.Q.)
(particular No. 5).

Resiliation of lease by the lessee

(art. 1974 C.C.Q.)
51. A lessee may resiliate his lease if
he is allocated a dwelling in low-rental housing; or
he can no longer occupy the dwelling because of a
handicap; or
in the case of an elderly person, he is admitted
permanently to a residential and long-term care centre
or to a foster home, whether or not he resides in such a
place at the time of his admission.
Unless otherwise agreed by the parties, resiliation
takes effect 3 months after the sending of a notice to the
landlord, with an attestation from the authority concerned,
or 1 month after the notice if the lease is a lease with an
indeterminate term or for less than 12 months.

Surrender of dwelling upon

termination of the lease (particular No. 2)

When vacating the dwelling, the lessee shall remove

any furniture or object other than those belonging to the
landlord (art. 1890 C.C.Q.).
53. Upon termination of the lease, the lessee shall
surrender the dwelling in the condition in which he
received it, except for changes resulting from aging, fair
wear and tear or superior force.
The condition of the dwelling may be established by the
description made or the photographs taken by the lessee
and the landlord, otherwise the lessee is presumed to have
received the dwelling in good condition (art. 1890 C.C.Q.).
54. Upon termination of the lease, the lessee shall remove
all the constructions, works or plantations he has made. If
they cannot be removed without deteriorating the dwelling,
the landlord may
retain them by paying the value thereof; or
compel the lessee to remove them and to restore the
dwelling to the condition in which it was when he
received it.
Where the dwelling cannot be restored to the original
condition in which it was when the lessee received it, the
landlord may retain them without compensation to the
lessee (art. 1891 C.C.Q.).

52. The lessee shall vacate the dwelling upon termination

of the lease; no grace period is provided for by law.

Table A

Non-renewal of lease by the lessee:

periods for giving notice (arts. 1942, 1945 and 1946 C.C.Q.)
Lessee who has not
received a notice of
modification of the lease

Lease of 12 months
or more

Between 3 and 6 months

before term

Lease of less than

12 months

Between 1 and 2 months

before term

Lease with an
indeterminate term

Between 1 and 2 months

before desired term

Table B

Between 3 and 6 months

before term

Lease of less than

12 months

Between 1 and 2 months

before term

Table C

Within 1 month after

receiving the landlords
notice

Between 10 and 20 days

before desired term

2nd step:
Lessees reply

Lease of 12 months
or more

Lease for a room

Between 10 and 20 days

before term

Lessee (including the

lessee of a room) who has
received a notice of
modification of the lease

Steps to modify the lease and periods

for giving notice (arts. 1942, 1945 and 1947 C.C.Q.)
1st step:
Notice by landlord

Lease with an
indeterminate term

Lessee of a room who has

not received a notice of
modification of the lease

Within 1 month after

receiving the notice of
Between 1 and 2 months
modification. If the lessee
before desired modification fails to reply, he is
deemed to have accepted
Between 10 and 20 days
the requested
before the term of the fixed modification.
term lease or before the
desired modification if the
lease is a lease with an
indeterminate term

3rd step:
Application to the
Rgie du logement by
landlord

Within 1 month after

receiving the lessees
refusal, otherwise the lease
is renewed.

Steps for repossessing the dwelling and periods

for giving notice (arts. 1960, 1962 and 1963 C.C.Q.)
1st step:
Notice by landlord

2nd step:
Lessees reply

Lease of more than

6 months

6 months before term

Lease of 6 months
or less

1 month before term

Lease with an
indeterminate term

6 months before intended

date of repossession

Within 1 month after

receiving the landlords
notice. If the lessee fails to
reply, he is deemed to
have refused to vacate the
dwelling.

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3rd step:
Application to the
Rgie du logement by
landlord

Within 1 month after the

refusal or the expiry of the
period granted to the
lessee to reply.

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