Section 5 of 5

Your Rights as a Tenant

Quebec has some of the strongest tenant protections in North America. Here's what you need to know.

No Security Deposits

This is one of the most important rules in Quebec rental law: landlords cannot charge a security deposit, last month's rent, or any non-refundable fee as a condition of renting. If a landlord asks for one, they are breaking the law.

The only payment due at lease signing is the first month's rent. If you've paid a deposit, you can recover it through the TAL.

Rent Increases

Landlords can only increase rent once per year, at lease renewal. Key rules:

  • The increase must be communicated in writing, 3–6 months before the lease end date
  • There is no fixed cap, but the TAL publishes annual guidelines (typically 2–5%)
  • You have the right to refuse the increase. The landlord must then apply to the TAL to justify it
  • If you refuse and the landlord does nothing within a month, the lease renews at the current rent
  • New buildings (less than 5 years old): Since Bill 31 (2024), the lease must specify the maximum expected rent over the next 5 years, helping tenants anticipate increases

Use our rent increase calculator to check if your increase is reasonable.

Lease Renewal

Quebec leases renew automatically. If neither party gives notice, the lease continues for the same term at the same conditions. To change conditions (rent increase, new rules), the landlord must send a modification notice within the required time frame. You can accept, refuse, or negotiate.

Eviction Protections

Quebec tenants have strong protections against eviction. A landlord cannot simply decide to end your lease. The main situations where a landlord can seek to end a lease:

  • Repossession (reprise de logement): The landlord or an immediate family member wants to live in the unit. Must give 6 months' notice and the tenant can contest at the TAL
  • Major renovations: The landlord cannot evict you just to renovate. They must prove the work requires the unit to be vacant AND offer you the right to return at a reasonable rent
  • Subdivision or change of use: Requires TAL authorization
  • Non-payment of rent: The landlord must apply to the TAL — they cannot change locks or cut services

Since Bill 31 (2024), landlords who evict a tenant for repossession or major renovations must provide mandatory compensation: reasonable moving expenses plus one month's rent for every year the tenant lived there (minimum 3 months' rent, maximum 24 months'). Bad faith evictions (e.g., claiming repossession but then renting to someone else at a higher price) carry additional penalties including punitive damages.

Important: Tenants aged 70+ with low income cannot be evicted for repossession unless exceptional circumstances apply.

Subletting & Lease Transfer

Quebec law gives you the right to sublet your apartment or transfer (cede) your lease. Key differences:

  • Sublet: You remain the tenant and are responsible for the lease. The subtenant pays rent to you. You return when the sublet ends. You cannot charge more than your own rent (plus reasonable costs for furniture or utilities)
  • Transfer (cession): You permanently leave. The new tenant takes over all rights and obligations. You cannot charge any money for the transfer
  • In both cases, you must notify your landlord in writing. If the landlord doesn't respond within 15 days, they are deemed to have consented
  • Sublets longer than 12 months require explicit landlord approval

Important change (Bill 31, 2024): Landlords can now refuse a lease transfer for any reason — not just serious reasons. If refused without a serious reason, your lease is automatically cancelled on the date the transfer would have taken effect. If refused for a serious reason (e.g., the candidate has bad credit), you remain the tenant and must find another candidate. This was a major change — lease transfers in Montreal used to be a way to pass on a below-market rent, but landlords can now block them.

Repairs & Maintenance

Your landlord is legally obligated to:

  • Deliver the dwelling in good habitable condition
  • Maintain it in good condition throughout the lease (not just at move-in)
  • Make all necessary repairs, including urgent ones without delay
  • Ensure the dwelling is fit for habitation (heating, hot water, no mold, no pests)

If your landlord ignores repair requests: 1) Send a written request (keep a copy), 2) Follow up with a registered letter, 3) File with the TAL if there's no response. In urgent situations (no heat in winter, water leak), you can have the repair done and deduct the cost from rent — but only after notifying the landlord.

Heat & Habitability

Your landlord must ensure your apartment is habitable. Specific requirements include:

  • Heating: The apartment must be heated to approximately 21°C when it is cold outside. If heat is included in the rent, the landlord must provide it regardless of the time of year. No lease clause can specify a particular date for turning on heating — such provisions are invalid
  • Hot water: Must be available at all times
  • Pest control: The landlord is responsible for extermination of insects, rodents, and bed bugs — even if the tenant brought them in (the tenant may be liable for costs if negligent)
  • Mold: The landlord must remediate mold issues and address the underlying cause (moisture, ventilation)
  • Smoke and CO detectors: Must be installed and maintained by the landlord

If your apartment is uninhabitable (no heat in winter, severe mold, pest infestation), you may be entitled to a rent reduction or temporary relocation at the landlord's expense. Document everything and file with the TAL.

Illegal Fees

Many landlords charge fees that are actually illegal in Quebec. You should not pay and can recover these if charged:

  • Security deposit or last month's rent — completely illegal
  • Credit check fee — the landlord can run a credit check but cannot charge you for it
  • Key deposit — illegal. Keys must be provided free of charge
  • Application fee — illegal. There is no fee to apply for a rental
  • Mandatory cleaning fee at move-out — illegal unless damage beyond normal wear and tear
  • Penalty for late rent — only the TAL can impose interest on late rent
  • Lease transfer fee — since Bill 31 (2024), tenants cannot charge or receive any money for transferring a lease

If you've been charged any of these, you can recover the money through the TAL.

Pets

Quebec pet rules often surprise tenants:

  • A landlord can include a no-pet clause in the lease. If the lease or building by-laws clearly prohibit animals, you must follow this rule
  • To enforce a no-pet clause, the landlord must apply to the TAL — they cannot unilaterally evict you or demand you remove the pet
  • If the lease does NOT mention pets, the landlord generally cannot prohibit them after you move in
  • You are responsible for any damage caused by your pet, and the landlord can apply to the TAL if the pet causes serious disturbances
  • Service and assistance animals are protected under the Charter of Human Rights — no-pet clauses cannot override this

Always disclose pets before signing a lease. If a landlord has consistently tolerated pets in the building over a long period, sudden enforcement of a no-pet clause may be considered abusive by the TAL.

Your Right to Privacy

As a tenant, you have a right to peaceful enjoyment of your home:

  • The landlord must give 24 hours' notice (verbal or written) before entering your apartment. Visits must be between 9 a.m. and 9 p.m.
  • The landlord can enter without notice only in an emergency (fire, flood, gas leak)
  • For showings to prospective tenants (after you've given non-renewal notice), no advance notice is required — but visits must still be between 9 a.m. and 9 p.m.
  • For work and repairs, the landlord must give at least 24 hours' verbal or written notice. Major work requires 10 days' written notice
  • The landlord must exercise their right of access reasonably. You can file with the TAL if visits are excessively frequent or at unreasonable hours

If your landlord violates your privacy rights, document the incidents and file a complaint with the TAL. You can request a rent reduction and restrictions on access.

The TAL (Tribunal administratif du logement)

The TAL (formerly the Régie du logement) is the court that handles all landlord-tenant disputes in Quebec. You can file complaints for:

  • Unreasonable rent increases
  • Failure to make repairs
  • Harassment or illegal eviction attempts
  • Recovery of illegal deposits or fees
  • Lease violations by the landlord

Filing is done online at tal.gouv.qc.ca. Fees are $82 for standard cases. Hearings are conducted in person or virtually. You don't need a lawyer — most tenants represent themselves.

Discrimination Protections

Quebec's Charter of Rights and Freedoms prohibits landlords from refusing to rent based on race, religion, gender, sexual orientation, disability, age, pregnancy, social condition, or family status (including having children). If you experience discrimination, you can file a complaint with the Commission des droits de la personne et des droits de la jeunesse (CDPDJ).