Sometimes, when a landlord signs a housing lease, asks for a deposit for keys, furniture that he provides, or even a security deposit. However, did you know that, according to the law, a landlord does not have the right to require such a deposit?
The Civil Code of Québec
The answer to this question can be found in article 1904 of the Civil Code of Québec. The wording of that section reads as follows:
The landlord cannot require that each payment exceed one month’s rent; He may not require in advance the payment of the first term of rent or, if the term exceeds one month, the payment of more than one month’s rent.
Nor can it require any money other than rent, in the form of a deposit or otherwise, or require the delivery of a cheque or other post-dated instrument for payment.
According to this section, while a landlord may require advance payment of the first month’s rent, the landlord cannot demand any amount of money other than the first month’s rent.
Since it is a provision of public policy, the landlord could not derogate from it by way of contract. However, since the section is addressed only to the landlord, a tenant could waive the protection afforded by the law, for example, by asking to make advances on rent in order to avoid a credit check. Case law examples
Waiver by the tenant
The possibility for a tenant to waive the protection provided for in the Civil Code was recently discussed in a case of the Administrative Housing Tribunal. In its judgment, the Court recognized the validity of a deposit freely and voluntarily paid by the tenant.
Landlord Selection Requirement
There are also cases where landlords will try to circumvent the rule set out in the Code. For example, in an appeal judgment of the TAL to the Court of Québec, the landlord offers the choice of either having a deposit, having a roommate sign the lease or having a security deposit. The Court concludes that when such an election is made, the tenant’s response is not an expression of his or her wishes, but a response to a landlord’s demand, which is contrary to the law.
Security Deposit
In addition, the security deposit is duly rejected by the TAL in a case where the tenant gives a security deposit to the landlord when signing the lease, according to the landlord’s requirements. The Court allowed the reimbursement of the sum, as the deposit could not be obtained, as provided for by the Civil Code.
Pet Depot
Even a deposit to guarantee the good behavior of an animal is illegal. For example, in one case, tenants are charged a deposit of $50 per month to ensure the proper behavior of their dog. The court ruled that a landlord could not demand such an amount from the tenant.
Parking levers
Another recurring phenomenon is the landlord’s request for a deposit for parking handles. Although a lease for parking is recognized, the landlord does not have the right to ask for a deposit when it is signed. Thus, deposits for parking levers to access indoor parking are against the law.
In one case, the landlord requires a security interest of $115 for the delivery of a handle allowing access to the indoor garage. Regardless of the price the landlord quotes, the court will conclude that this type of deposit is against the law. and orders the return of the deposit to the tenant.
Deposit for washing
Adding an additional payment to the rent, such as the payment for washing clothes, is another practice that is often seen. The Tribunal administratif du logement has already concluded that such a payment is contrary to the spirit of the Civil Code. The court reiterated that a landlord cannot force a tenant to pay anything other than rent. A payment for washing is therefore also an illegal practice carried out by some landlords.
Moreover, it should be noted that even the handing over of a sum of money for the purchase of keys, a magnetic card or a controller remains illegal and contravenes the spirit of the Civil Code of Québec.
It is clear that many landlords are unhappy with this legislation and want to see this type of deposit legalized. However, this practice remains illegal in Quebec until further notice and the tricks to try to contravene it are rejected by the courts. Our lawyers help you with: Tenants’ rights, Abandonment of the dwelling, Pets, Rent increase, Deposit application, Rent deposit, Rodent infestation, Unfit for habitation, Delivery obligations, Repairs, Neighbourhood disturbances, Validity of the lease, Sale of housing