Rights and obligations of the tenant and the landlord

When signing the lease, the landlord cannot ask for more than the amount of the first term (usually one month) in advance. The landlord also cannot ask for a deposit for the keys or to cover the cost of possible damages. The landlord must deliver the dwelling to you on the date stipulated in the lease.

The lease can only be terminated on the agreement of both parties or in certain exceptional cases provided for by law. If you intend to leave your dwelling, you must give the landlord advance notification. For a one-year lease, the notification must be given three to six months before the end of the lease, otherwise it will be automatically renewed under the same conditions. For a shorter lease, the notification period may be shorter.

If you do not receive notice of a rent increase and you intend to leave your dwelling at the end of the lease, you must notify your landlord, otherwise your lease will be automatically renewed.

As a tenant, you are required to pay your rent in its entirety on the date indicated in the lease, which is generally the 1st of the month. If your rent is more than three weeks late, the landlord may obtain termination of your lease in order to evict you from the dwelling, regardless of the time of year. In the case of frequent late payments, the landlord may also ask the Régie du logement to terminate your lease, if these delays have caused the landlord serious prejudice.

In signing the lease, the landlord commits to handing over a dwelling that is clean and in good condition. As a tenant, you commit to maintaining its good condition. You are not responsible, however, for changes due to normal use or ageing. During the lease, neither the tenant nor the landlord may modify the structure of the dwelling, for example, knocking down a wall to enlarge a room, unless by mutual agreement.

The landlord and the tenant must respect the laws and regulations related to the safety and cleanliness of the dwelling. To maintain a dwelling in good condition, the tenant must, for example:

• take out the garbage and put it in the appropriate place—usually the sidewalk—on pick-up days and not let garbage accumulate in the building
• not keep animals in the dwelling if it is prohibited under a municipal by-law, building regulation or the lease
• maintain and regularly clean the sanitary (sinks, toilet, shower and bathtub) and electrical appliances (refrigerator, stove, washing machine and dryer) included in the dwelling
• not use the dwelling for any other purpose than the one indicated in the lease, namely, to live there
• not allow an excessive number of people to live in the dwelling given Québec standards of comfort and cleanliness or municipal by-laws
  

The tenant must also conduct him or herself in a manner that does not disturb the normal enjoyment of the premises of the other occupants of the building.

Useful links

• Commission des droits de la personne et des droits de la jeunesse du Québec
• Québec Portal - Guide Vivre en logement
• Régie du logement du Québec
  • The lease
  • Obligations and rights
  • Information leaflets