Being a tenant in Quebec means being protected by rules many people do not know, including some landlords. This dossier is the starting point: what you are entitled to, and which guide to go to depending on your problem.

The key point

The Tribunal administratif du logement lease is mandatory, and a copy must be given to you within 10 days. Its section G states the lowest rent paid in the previous year: if you are asked for more, you can have the rent fixed, 10 days after signing, or two months after the lease begins if the information was not given to you. And some rights remain yours even if the lease says otherwise.

The starting pointThe lease, and what must be handed to you

Since 1 September 1996, the lease form of the Tribunal administratif du logement has been mandatory for every new residential lease in Quebec. It is not a suggested template: it is the document to use.

Two timing obligations are worth knowing:

  • the building by-laws, if there are any, must be given to you before signing, not after;
  • a copy of the lease must be given to you within 10 days of its conclusion.

A verbal lease remains possible, but it puts the tenant in a far weaker position the day something has to be proven. Ask for it in writing.

The sleeping rightSection G: knowing what the previous tenant paid

It is the least known part of the lease, and one of the most useful. In section G, the landlord must state the lowest rent paid over the last 12 monthsor the rent the tribunal fixed during that period.

Why does it exist? Because without that box, nothing would stop a rent being raised sharply between two tenants, out of sight of the one moving in.

If you are asked for more than what is stated

You can ask the Tribunal administratif du logement to fix the rent. The deadline is 10 days from the signing of the lease.

Three cases, three deadlines. If section G is filled in correctly and your rent is higher: you have 10 days from the signing of the lease. If section G is blank: you have two months from the start of the lease. And if it contains a false statement: you have two months from the day you find outeven if your lease began long ago.

That third case is the most favourable, and the least known. The clock does not run from the start of the lease: it runs from the day you discover it.

And where the omission is deliberate, punitive damages may be awarded.

Check that box before signing. Ten seconds of reading can be worth several hundred dollars a year.

What protects youThe rights no clause can remove

Some protections exist whatever the lease says. A clause that contradicts them is of no effect, even signed.

  • The right to remain in the dwelling. You have the right to stay in your home, and that right follows the dwelling, not the landlord: a sale does not end your lease. The law provides exceptions, repossession, demolition, which have their own rules and deadlines.
  • A dwelling in good condition. The landlord must deliver and maintain a habitable dwelling in good condition.
  • Peaceful enjoyment of the premises. No clause can be imposed on you that would limit the landlord's liability or make you responsible for damage you did not cause.
  • Assignment of lease and subletting. A clause forbidding them is of no effect. But the two no longer work the same way: for a sublet, the landlord may refuse only for a serious reason, and silence for 15 days counts as consent. For an assignment, since February 2024 the landlord may refuse without a serious reason, and the price of that refusal is that the lease ends on the date you gave. You leave without penalty; it is your replacement who does not get the dwelling.
  • One month late does not carry the rest with it. A clause demanding all the remaining rent because of a single unpaid month does not hold.
  • No increase during the lease. On a fixed 12-month lease, a clause claiming to adjust the rent partway through is of no effect.

The dossierWhere to go depending on your problem

You do not have to do this alone

Housing committees and tenants' associations support tenants free of charge: checking a lease, understanding a notice, preparing for a hearing. 211 can point you to the one in your area, it answers 24 hours a day in western Quebec, and elsewhere from 8 a.m. to 7 p.m. on weekdays, and 8 a.m. to 3:30 p.m. on Saturdays, Sundays and public holidays. Legal aid can also support you depending on your income, and Éducaloi explains the law in plain words, free of charge.

Frequently askedYour questions

Is the Tribunal administratif du logement lease mandatory?

Yes. The Tribunal administratif du logement lease form has been mandatory for every new residential lease in Quebec since 1 September 1996. The landlord must give you a copy within 10 days of the lease being concluded, and give you the building by-laws before signing.

What is section G of the lease?

It is the box where the landlord must state the lowest rent paid over the last 12 months, or the rent fixed by the tribunal during that period. It exists so that a new tenant knows whether the rent being asked represents an increase, and can challenge it.

The rent asked is higher than the one in section G. What can I do?

You can ask the Tribunal administratif du logement to fix the rent, and there are three cases. If section G is filled in correctly: 10 days from the signing of the lease. If it is blank: two months after the lease begins. If it contains a false statement: two months from the day you find out, even if your lease began long ago. Punitive damages are possible where the omission is deliberate.

My landlord is selling the building. Do I have to leave?

No. The right to remain in the dwelling follows the dwelling, not the landlord: a change of owner does not end your lease. There are exceptions provided by law, such as repossession or demolition, which follow their own rules and deadlines.

Can a clause in my lease take away one of my rights?

Some clauses are of no effect even when written and signed. That is the case for those forbidding assignment of lease or subletting, those demanding all the remaining rent because of a single late month, and those claiming to adjust the rent during a fixed 12-month lease.