La loi vos droits

Tenants - Your rights during a lease

Paying the rent

It’s February 12th and you haven’t paid your rent yet. Your neighbour tells you not to worry because he thinks you are legally allowed to pay your rent up to three weeks late. Be wary of such advice! The Civil Code of Québec clearly states that a tenant must pay his rent on the first day of every month, unless the lease says otherwise.

In this Infosheet, Éducaloi addresses your primary obligation as a tenant: paying your rent.

As a tenant, what are my obligations concerning the payment of rent?

Your obligations are as follows:

• you must pay your rent on the first day of every month, unless your lease indicates otherwise;
  
• rent is to be paid in equal instalments, except for the last instalment, which may be for a lesser amount;
  
• the landlord or his representative is responsible for going to your dwelling to collect the rent payment. However, if you are not home, it is then up to you to send your payment to the landlord or his representative as soon as possible.

What method can I use to pay my rent?

You can pay rent by cash, a certified cheque, a bank money order, a postal money order, or by any other means accepted by the landlord. So, even if in most cases landlords accept ordinary cheques, there is no obligation to pay in this manner. Payment can also be made by transfer of funds or credit card if your landlord accepts it.

Note: It is advisable to ask for a receipt for your rent payment. It can serve as proof of payment if your landlord claims he never received your rent.

To whom must I give my rent payment?

As a general rule, you should give your rent payment to the person identified in your lease as the landlord. If you must personally deliver your rent payment, make sure you give it directly to the landlord or his representative. Otherwise, you may have to pay your rent again if a problem arises.

If you are unsure to whom you must pay your rent (e.g., if your landlord is bankrupt, has died, or has sold the building), you can go to the Régie du logement and ask for authorization to deposit your rent with them.

Rent deposits can be made at any office of the Régie du logement in cash, by certified cheque, certified money order, bank draft, or postal money order made out to the Régie du logement in trust. A copy of the authorization must accompany the deposit. The deposited rent can be withdrawn with the written consent of the parties.

When it comes to paying rent, what practices are prohibited?

Your landlord is not permitted to do the following:

• demand any payment other than your rent payment (e.g., a deposit for your keys);
  
• demand that payments exceed the amount shown in the lease;
  
• demand any advance payment of rent except for the first month's rent when the lease is signed;
  
• demand that rent be paid by post-dated cheques;
  
• increase your rent during the term of your lease;
  
• demand instalments of differing amounts (e.g., $ 500 for the first month, $ 520 the following months, and $ 530 for the last month).

If your lease includes any of these obligations, they are of no effect. You need not respect these obligations, even if you signed the lease. You can ask the Régie du logement to help protect your rights.

What happens if I am late in paying my rent?

• The obligation to pay rent:
  
  The law states that the rent must be paid to the landlord on the first day of every month or of every term (unless the lease indicates otherwise). Where the rent is paid on the 1st of each month, you are considered to be late as of the second day. But if your lease provides that you pay the rent on the 15th day of the month, you are considered to be late as of the 16th. In theory, the landlord can ask the Régie du logement to recover the money you owe as of that date.
  
  
• The resiliation (cancellation) of your lease due to late payment:
  
  If your rent payment is overdue by three weeks (21 days), your landlord is entitled to request that the Régie du logement resiliate your lease.
  
  Your landlord may also ask the Régie du logement to resiliate the lease if he suffers serious prejudice due to your frequently late payments. Serious prejudice to the landlord may come in many forms (e.g., if your late payment caused him to pay additional interest, to be late on his mortgage payments, to make several trips to your apartment or the bank, etc.).
  
  
• The decision of the Régie du logement concerning late payment:
  
  When a landlord applies for the resiliation of the lease, the Régie du logement may order you to fulfil your obligation to pay the amount owed, except when the payment of rent is over three weeks late. If you do not pay the amount owed to the landlord, the Régie du logement can resiliate the lease upon the landlord’s request. If the rent is over three weeks late, the Régie du logement can automatically resiliate the lease.
  
  Remember – you can stop the lease from being cancelled for overdue rent by paying the amounts owed (plus costs and interest) before the Régie du logement renders its decision.

My landlord is raising my rent! Is this allowed?

Your landlord cannot increase your rent during the term of your lease. However, he may send you a notice stating that your rent will increase during the next term.

This notice of rent increase must be made in writing. It must also be sent to you within a certain time period:

• three to six months before your lease expires if you have a lease of one year or more;
  
• one to two months before your lease expires if you have a lease of less than twelve months;
  
• For a lease with an indeterminate term, the notice must be sent between one and two months before the modification is to take place.

Contrary to popular belief, there is no legal “maximum” increase. The tenant therefore has recourses available if he opposes the rent change. For more information on this topic, see the Infosheet entitled Renewing a residential lease  (http://www.educaloi.qc.ca/en/loi/tenants/78/).

Under what circumstances can I legally refuse to pay my rent?

• You are not obliged to pay rent if, for reasons beyond your control, the dwelling becomes unfit for habitation and you must abandon it to ensure your safety and to protect your health. After notifying your landlord of the situation, you will be exempt from paying your rent for the time during which you are absent. Keep in mind that you are obliged to pay your rent if the unfit conditions were caused by your own fault. Contact the Régie du logement before taking action.
  
  
• If you sublet your dwelling, the subtenant assumes the obligation of paying your rent. However, you do remain responsible to your landlord if your subtenant defaults on her payments.

What does the law say about rent payments if I have a roommate?

When several people share a dwelling and each one signs the lease, these people are considered co-tenants. In general, if there is no clause that says otherwise in the lease, the co-tenants are jointly obligated to pay the rent. This means that each person only has an obligation to pay his own share of the whole. For example, suppose Annick and Benoit are co-tenants in an apartment where the rent is $ 800 a month. Annick pays $ 400, and Benoit pays $ 400. If Annick doesn’t pay the landlord, Benoit still only has to pay his $ 400, and not the whole rent.

On the other hand, some leases have a clause indicating that the co-tenants are jointly and solidarily liable for the rent. Solidary liability is when one co-tenant can be held responsible for paying the entire rent if another co-tenant fails to pay her share. For example, if the lease states that Annick and Benoit are solidarily liable and Annick doesn’t pay, Benoit must pay his share and Annick’s share – the whole $ 800. He can still ask the Régie du logement to intervene and make Annick pay her share. Solidary liability only applies if it is clearly written into the lease and at least two names appear on the lease as tenants.

If Benoit is the only tenant who has signed the lease, he alone is responsible. If Annick doesn’t pay her share, Benoit must pay the rent himself.

Useful Links :

1. Régie du logement website  [http://www.rdl.gouv.qc.ca]