La loi vos droits

Tenants - Your rights during a lease

A Tenant's Right to End a Lease

Contrary to popular belief, a tenant can’t just decide to break her lease by giving her landlord 3 months’ notice. Even if it is possible for the tenant to break her lease in certain cases, it is the exception, not the rule. A lease is a contract and a contract isn’t something that should be taken lightly!

In this Infosheet, Éducaloi explains the resiliation (cancellation) of a lease: who can do it, how to proceed, and what a person can do if resiliation is not possible.

What is the resiliation of a lease?

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 duties 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 of 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 about the non-renewal of a lease, read our Infosheet entitled Renewing a residential lease and rent increase  (http://www.educaloi.qc.ca/en/loi/tenants/78/).

When does the law allow me to resiliate my lease?

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?”.

What legal steps should I take if I want to leave my dwelling?

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

1. Send your landlord a written notice of resiliation of the lease, preferably by registered mail to have proof that you sent it.
   
   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. Keep yourself a copy.
   
   
2. Obtain an attestation which proves that you need to leave. Send it with the notice. Keep yourself a copy.
   
   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.
   
   
3. Pay your rent during the entire notice period:
   
   -1 month if the lease does not have a fixed duration or if the lease was for less than 12 months;
   
   -3 months in all other cases.

What conditions should the notice of resiliation meet in order to be valid?

In order to be valid, the notice must be:

• sent during the term of the lease;
  
• sent to the landlord’s address (as indicated in the lease);
  
• written in the same language as the lease;
  
• sent within the 3-months notice period, if the lease was for 1 year or longer. If the lease was for under a year or for an indeterminate length, 1- month notice is enough.

This calculation of the notice period begins on the day on which you send the notice, not the day on which the landlord receives it. For example, if you sent the notice of resiliation of lease on December 7, 2008, the 3 months are up at midnight on March 7, 2009 for leases of 12 months or more, and at midnight of January 7, 2009 for leases of indeterminate lengths or of less than one year.

What happens if a notice of resiliation fails to meet one of the necessary requirements?

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 get 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 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.

If I simply decide to leave and take my belongings, does that end the lease?

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 10 years to enforce this judgment.

My landlord refuses to heat my dwelling and will not make several necessary repairs. Can I resiliate my lease?

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

Your landlord’s obligations are:

• to deliver the dwelling in good condition (clean and in a good state of repair);
  
• to ensure your 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.

I can’t live in my dwelling any more because it’s falling apart (or dangerous, or vermin infested, etc.) Can I resiliate my lease?

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

To learn more about dwellings that are unfit for habitation and about the proper way to resiliate the lease in this situation, consult our Infosheet Condition of the dwelling  (http://www.educaloi.qc.ca/en/loi/tenants/72/).

I am not in any of the situations that allow me to lawfully break my lease. What can I do?

Three options are available to you:

1. You can reach an agreement with your landlord to put an end to your lease before its term
   
   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 to end your lease, the date on which the lease ends and you have to move out and any other information that you think is relevant.
   
   
2. 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 to. You must also obtain the agreement of your landlord. However, the landlord can only refuse the sublet for serious reasons.
   
   
3. 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.

There are major differences between subletting a dwelling and assigning a lease. To learn more, consult our Infosheet Assigning a lease or subletting a dwelling   (http://www.educaloi.qc.ca/en/loi/tenants/77/).

Do the same rules apply if I am a tenant in low-rental housing?

No. If you are residing in low-rental housing, you can resiliate your lease at any point by giving written notice to your landlord 3 months ahead of time.

However, you are not allowed to sublet your dwelling or assign your lease.

Useful Links :

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