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Éducaloi is a non-profit organization whose mission is to inform Quebecers of their rights and obligations by providing quality legal information in everyday language.
La loi vos droits
Clientele : Tenants
Subject : Leases
Print date : February 7th, 2012
 Tenants
A residential lease is a contract that is binding between you and your landlord. In this contract, you agree to pay rent, and the landlord agrees to let you live in her dwelling and to ensure that you enjoy it in peace.
In 1996, to reduce conflicts over lease agreements, the Régie du logement created a model lease form that everyone must use. All leases contain important obligations that people renting or thinking about renting should know about. In this Infosheet, Éducaloi explains the ins-and-outs of residential leases.   
A lease is a contract to rent a dwelling. It is signed between a tenant (lessee) and a landlord (lessor or owner).
In the lease, the landlord agrees to provide the tenant with peaceful enjoyment of the apartment in exchange for rent. A lease can have either a fixed length (as in a 12-months lease) or an indefinite length (as in a month-by-month lease). Fixed-length leases end when the time runs out. Indefinite-length leases end when either the tenant or landlord chooses to put an end to the lease. The lease and building rules must be written in French. However, if you and the landlord agree, you can draw up the lease in another language. 
The lease of a dwelling, also called a residential lease, is a specific kind of lease.
Residential leases can arise in several situations, for example, for example, when you rent a room, a mobile home, or even the land on which to place a mobile home. The following leases are not residential:
Any notice concerning the lease, except for a landlord’s notice to enter the dwelling, must:
In general, a notice that does not respect these requirements cannot be used against the person who receives it. It is as though notice was never given. For more information, look at sample notices on the website of the Régie du logement.
Yes. A building’s rules are part of the lease. the landlord must give the tenant a copy of these rules before the lease is signed. These rules often cover things such as the enjoyment, use, and maintenance of individual dwellings and common areas.
These rules are important, especially when they say you cannot having pets in your dwelling. The lease and the rules are actually the only things that determine whether you can have pets. (See the Infosheet Pets and Dwellings.).
Yes. The landlord must give you a copy of the lease within 10 days of when it is signed. Since September 1, 1996, the model lease of the Régie du logement must be used for any new lease agreement, whether it is for a room, apartment, condominium, or house.
When you lease is renewed, you and your landlord can agree to change certain things in the lease. Before the renewal begins, the landlord must give you a written document listing all of the changes.
Yes. When you are signing a new lease, the landlord must give you a notice showing the lowest amount of rent paid in the 12 months before the start of your lease, or the rent fixed by the Régie du logement.
The landlord does not need to give out this information when the leased dwelling is:
If you are a new tenant or are sub-letting, and you are paying more rent than the rent paid in the 12 months prior to your lease, you can ask the Régie du logement to fix the amount of rent you should pay. However, this request must be made:
In a lease, you and the landlord can agree on matters such as rent payments, the use of certain parts of the property (e.g., parking spaces), and any work to be done (e.g., general repairs, painting).
But nothing in the lease can go against what the law requires. Otherwise, it will be treated as if it did not exist. Here are some things that are not allowed:
Yes. This kind of lease is valid and creates more or less the same rights and duties as a written lease. Also, if the lease is for an indefinite length (there is no agreement with the landlord about when the lease will end or be renewed), it can be cancelled by the tenant with 1 month’s notice.
It is important to remember that this is not the case for a fixed-length lease, which must be respected until it ends, except in situations set out by law or with the landlord’s consent. To find out more, read our Infosheet entitled “A Tenant's Right to End a Lease.”
No. Tenants who are respecting their obligations have a right to stay, even if the building’s owner changes.
However, the new owner can require a tenant to leave if she wants to subdivide, demolish, or enlarge the dwelling, or if she wants to change its use. She can also take back the dwelling if she wants to live there herself or if she wants to house certain family members there. In these cases, the tenant might have a right to be compensated with money. To find out more, read our Infosheet entitled “Repossession of a Dwelling and Eviction”. Aside from situations, nothing prevents a landlord from offering a tenant money to give up her right to stay. The tenant is free to accept or reject this kind of offer.
Éducaloi does not provide any legal advice or counseling. The information contained in its website constitutes a general source of information and does not in any way replace the services of a lawyer or notary.
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