The resiliation of a lease means putting an end to a lease contract signed by the landlord and tenant. Starting on the date of resiliation, the obligations of the landlord and tenant cease to exist. For example, the tenant no longer has to pay rent to the landlord, and the landlord no longer has to provide lodging to the tenant.

Resiliation of a lease is not the same as non-renewal of a lease. Non-renewal of a lease happens at the end of the lease, when the tenant lets the landlord know her intention not to renew the lease. But, resiliation can take place at any time during the lease in the situations permitted by law.

To find out more, read our Infosheet entitled Renewing a residential lease and rent increase.

If you are a tenant, the Civil Code of Québec allows you to resiliate your lease by giving written notice to your landlord in the following situations:

• you are leaving your dwelling to live in low-rental housing (HLM);
  
• you are leaving your dwelling to live permanently in a retirement home or long-term care residence;
  
• you have a disability that no longer permits you to live in your dwelling;
  
• a court has rendered a decision to relocate you from your dwelling due to your special needs;
  
• your security or that of a child living with you is threatened by a violent spouse or ex-spouse or following a sexual assault, even if the aggressor does not live with you.

To learn more about the notice that must be given, see the questions “What legal steps should I take if I want to leave my dwelling?” and “What conditions should the notice of resiliation meet in order to be valid?”.

If you find yourself in one of the situations described in the previous question, you must do three things:

• Send your landlord a written notice of resiliation of the lease, preferably by registered mail.
  
  The notice must indicate your desire to leave your dwelling, the reasons why you are leaving, and the date on which you intend to leave. Make sure to date and sign the notice.
  
  
• Obtain an attestation which proves that you need to leave and send it with the notice.
  
  An attestation is a letter written by a person who is qualified to confirm that you must leave your dwelling. For example, it can be a letter from a social assistance worker attesting that you are moving to low-rental housing, or it could be a doctor’s report, explaining that your state of health prevents you from living in your dwelling. In case of spousal abuse or sexual assault, an attestation could be obtained from the criminal and penal prosecuting attorneys’ office.
  
  
• Pay your rent during the entire notice period:
  -one month if the lease does not have a fixed duration or if the lease was for less than 12 months;
  -three months in all other cases.

Keep in mind that a notice of resiliation is not the same as a notice of non-renewal of a lease. A notice of resiliation of a lease can be given at any time during the term of your lease, if the law allows you to do so. On the other hand, a notice of non-renewal of a lease is sent in response to a notice of modification of the lease sent to you by your landlord, at least three months, but not more than six months, before your lease ends.

In order to be valid, the notice:

• must be sent during the term of the lease;
  
• must be sent to the landlord’s address (as indicated in the lease);
  
• must be written in the same language as the lease;
  
• must be sent within the three-month notice period, if the lease was for one year or longer. If the lease was for under a year or for an indeterminate length, one month notice is enough.

This three-month period begins the day you send the notice, not the day the landlord receives it. For example, if you sent the notice of resiliation of lease on December 7, 2005, the three months are up at midnight on March 7, 2006 for leases of over a year and at midnight of January 7, 2006 for leases of indeterminate lengths or less than one year.

A notice that does not meet the conditions required by law has no legal effect. This means that the landlord can ignore it. It’s as if the notice never even existed!

If this happens, your landlord can take steps to prevent you from leaving or require you to pay rent until the lease ends.

However, if you gave a verbal notice of resiliation to your landlord, you can argue before the Régie du logement that this notice was valid. As a tenant, you must prove that the landlord did not suffer any serious damage simply because the notice was verbal and not written.

For example, the tenant can prove that the landlord did not suffer any damage because she found someone to rent the dwelling immediately. In such a case, the landlord does not suffer any loss of income.

It ends the lease, but not your responsibilities! According to the law, the lease is resiliated when, without reason, a tenant leaves and takes his belongings.

However, this does not end the tenant’s obligations. You are still responsible for the rent payments for the duration of the lease, as well as any damage you may have caused to the apartment.

The landlord can ask the Régie du logement for a judgment against a tenant who left during the lease when it is not permitted by law. The landlord has ten years to enforce this judgment.

Yes, but you must apply to the Régie du logement to have your lease resiliated if your landlord fails to fulfil his obligations.

Your landlord’s obligations are:

• to deliver the dwelling in good condition;
  
• to ensure the tenant's peaceable enjoyment of the dwelling throughout the term of the lease;
  
• to guarantee that the dwelling is used for the purpose for which it was leased and to maintain it for that purpose until the lease expires.

Yes. When the dwelling becomes unfit for habitation, the tenant or landlord can request a resiliation of the lease.

Three options are available to you:

You can reach an agreement with your landlord to leave your dwelling before the end of your lease

If such an agreement is made, make sure to write it down and have your landlord sign it. The written agreement should indicate that your landlord agrees that you can leave, the date that you are leaving, and any other information that you think is relevant.

You can sublet your dwelling

You must notify your landlord and provide him with the name and telephone number of the person to whom you want to sublet your dwelling. You must also obtain the consent of your landlord. However, the landlord can only refuse the sublet for serious reasons.

You can assign your lease

As with subletting, you must notify your landlord and provide him with the name and telephone number of the person to whom you want to assign your lease. The landlord can refuse the assignment of the lease only if he has serious reasons for doing so, in which case, the lease will not be assigned.

No. If you are residing in low-rental housing, you can resiliate your lease at any point. Simply give written notice to your landlord three months ahead of time.