Leases

A tenant can terminate the lease if he or she provides the landlord with a written notice of non-renewal. If the lease is set for a period of less than 12 months or the total duration is yet undetermined, the notice has to be given to the landlord within at least 1 month but not more than 2 months before the term comes to an end. For leases that last 12 months or more, the notice is required to be given at least 3 months but no more than 6 months before the lease is set to end. (article 1942 and 1946 Civil Code of Quebec).

If the tenant does not notify the landlord of his or her intention to not renew with the required amount of time, the lease is automatically renewed for the same period and with the same exact conditions as the previous agreement (unless a notice of modification was received and accepted by the tenant’s landlord). With a 1 year lease, for example, a tenant who failed to notify the
landlord of his or her intention to terminate the lease will have to sign another 1 year lease. (article 1946 Civil Code of Quebec)

Landlord Entry

The tenant cannot refuse the landlord access to the unit to carry out any necessary work. The tenant may, however, deny access before 7 a.m. and after 7 p.m., unless the work constitutes an emergency (article 1933 Civil Code of Quebec).

The landlord is required, except in the event of an emergency, to provide the tenant with 24 hours written notice of his intention to determine the condition of the unit, to carry out any necessary work or to show it to prospective renters (article 1931 Civil Code of Quebec).

Late Rent Payments

If there is no other agreement, rent is to be paid on the first day of each month (or of each week if it is a week-to-week tenancy). Rent is considered late if it is not paid by the day it is due.

The landlord has the right to terminate the tenant’s lease if the tenant is over three wakes late in paying their rent, or if he suffers serious prejudice as a directly result, where the tenant is frequently late in paying their rent (article 1971 Civil Code of Quebec)

A tenant can avoid being evicted, even after receiving a notice of termination, simply by paying the total amount of rent they owe, as well as interest at the rate fixed in accordance with section 28 of the Tax Administration Act (R.s.Q.., Chapter A-6.002) or at any other lower rate agreed with the landlord (article 1883 Civil Code of Quebec).

Evictions

A tenant is required to act in such a way as to not disturb the everyday enjoyment of other tenants in the building.

The tenant is liable towards the landlord and the other tenants for any damage that may come about as a result of violating their obligation, whether or not it is due to his own act or that of a person he allows to have access to the unit.

In the event that the tenant violates this obligation, the landlord can demand termination of the lease (article 1860 Civil Code Quebec). Refer to Late Rent Payment (above) for more information on terminating the lease due to late rent payments.

Assignments and Sublets

A tenant, with certain exceptions, is allowed to sublet all or part of the rental unit or assign the lease to another person. The exceptions to this rule are a student renting property that belongs to an educational institution and a person renting low-rental housing (articles 1870, 1981 and 1995 Civil Code of Quebec).

The tenant is required to advise the landlord in writing of his or her intent to sublet or assign the lease as well as provide the name and address of the proposed sub-lessee. The landlord then has a total of 15 days to inform the tenant of his or her decision.

The landlord has the right to charge the tenant a fee for any expenses incurred as a result of the subletting or assignment process (article 1872 Civil Code of Quebec).

Pets

Is a landlord allowed to refuse to rent to a tenant who has pets?

Yes, but if the lease allows for pets, or if the lease does not address this issue at all, pets are permitted in the unit. The tenant should consult the by-laws of the building they are renting, as they may have a rule against having pets. The by-laws are considered to be part of the lease and landlord is obligated to give the tenant, before entering into the lease, a copy of the by-laws.