After an arduous search, you’ve finally found the perfect accommodation. Now, all that’s left to do is sign a rental agreement with the landlord. However, before doing so, it is a good idea to know and understand the specific rules that apply to the lease agreement.
The housing lease
A lease agreement is defined by the Civil Code of Québec as a
A contract by which a person, the landlord, undertakes to another person, the tenant, to procure for him, in return for rent, the use of property, movable or immovable, for a certain period of time
Under this contract, the landlord undertakes, for a certain period of time, to provide the tenant with the peaceful enjoyment of a dwelling, in return for which he must pay rent.
The housing lease is not limited to the traditional rental of housing. Indeed, the law provides that a housing lease must also be entered into when the person rents a room, a mobile home or a piece of land intended to accommodate a mobile home.
However, the rules relating to a residential lease do not apply in the following situations:
- The lease of a dwelling rented for resort purposes;
- The lease of a dwelling in which more than one-third of the total area is used for purposes other than housing;
- The lease of a room located in the landlord’s residence, when the landlord rents no more than two bedrooms, and the rented room does not have a bathroom and an exit independent of the landlord’s;
- Leasing a hotel room; and
- The lease of a room located in a health and social services institution, except pursuant to article 1974 C.C.Q.
The Lease Form
The tenancy form of the Tribunal administratif du logement, which became mandatoryon September 1 , 1996, must be used for all housing leases. However, not using the official form is not grounds for nullity and does not entitle the tenant to request the termination of the lease.
The landlord must also provide the tenant with a copy of the lease or the “Written Requirement” form within 10 days of entering into the lease.
The verbal lease
Despite the requirement to have a written lease, the verbal lease remains just as valid. However, the Civil Code requires the landlord to write the “Mandatory Writing” form to accompany his verbal lease. On this form, the landlord must indicate their name and address, the name of the tenant, the rent, and the address of the rental unit. It must also include the information prescribed by the regulations adopted by the government.
This form is available for sale at the offices of the Administrative Housing Tribunal and must be given to the tenant within 10 days of the conclusion of the verbal lease. It is important to note that the absence of this form does not result in the nullity of the lease.
The language of the lease
Just as the law imposes a mandatory form for the lease, the Civil Code of Québec specifies that the lease must be written in French. However, the parties may deviate from it and choose to write it in another language.
Choosing the right language for your lease is important. This is because the law requires the parties to draft all notices relating to the lease in the same language as the lease. Failure to do so renders the notice unenforceable against the person receiving it, unless it can be shown that the latter has not suffered any prejudice as a result. However, it is sufficient that the party who received the notice is less comfortable in that language than that of the lease to prove the prejudice and make the notice unenforceable.
Notice to New Tenant (Clause “G”)
When signing the lease, the landlord must tell the new tenant the lowest rent paid for the unit in the twelve months prior to the start of the lease. This information is usually found in section “G” of the lease. If the unit has been vacant for the past 12 months, then the landlord is required to report the last rent paid and the date of the rent.
If the new rent is excessively increased, the new tenant can apply to the Administrative Housing Tribunal to have his or her rent fixed, as if it were a lease renewal.
To make their rights known, the new tenant must respect certain very strict deadlines. The application to the Tribunal must be made in:
- 10 days after signing the lease, if the last rent paid is indicated in clause “G”;
- The 2 months from the start of the lease when section “G” of the lease is empty;
- The 2 months from becoming aware of the false information written in section “G” of the lease.
However, the landlord is not required to inform the tenant of the last rent paid if:
- The unit is rented from a housing co-op in which the tenant is a member;
- The tenant rents a low-rent dwelling;
- The accommodation is rented in a newly constructed building;
- The unit is rented in a building that has been used for a change of use, except in the case of private seniors’ residences.
With the coming into force of the Bill 31, it is possible to sentence to Punitive damages a landlord who includes false information in the new tenant’s notice or fails to disclose this information to the new tenant, where the lease was entered into after February 21, 2024. However, this does not apply to leases entered into before this date.
The rules of the building
The settlement of an immovable is part of the lease, under the law. Generally, the by-law focuses on the enjoyment, use and maintenance of the dwelling. The landlord must give the tenant a copy of the building’s by-laws before signing the lease so that it can be enforced.
It is also possible for the landlord to sign contracts that are side of the lease but are related to their unit. This is especially true when it comes to parking, where the parties sign a “parking lease” that provides for rent and a separate by-law. It is important to note that these contracts are considered housing leases and the rules for residential leasing apply.
Unfair terms
The Civil Code provides that a clause that imposes an obligation on the tenant that is unreasonable in the circumstances is unfair and may either be held to be null and void in its entirety or the obligations arising therefrom may be reduced.
The law provides for three specific cases in which a term may be deemed unfair and must be declared null and void:
- A landlord who tries to make the tenant “liable for harm caused through no fault of the tenant”;
- A landlord who imposes a clause “restricting the tenant’s right to purchase property or obtain services from persons of his or her choice.” For example, the clause obliging the tenant to use only the laundry room in his building is abusive.
- The clause aims to “modify the rights of the tenant due to the increase in the number of occupants, unless the size of the dwelling justifies its application”. For example, if the tenant’s spouse decides to move into the unit, the landlord will not be able to charge a higher rent for that reason alone.
The Code also contains provisions that cannot be set aside. Thus, the landlord will not be able to require an additional deposit to the rent, whether it is to do work or to hand over the keys. The landlord also cannot require the tenant to be responsible for all repairs to their unit. Finally, the landlord cannot prohibit the tenant from receiving visits, as long as the tenant does not interrupt the peaceful enjoyment of his neighbours.
However, it is important to keep in mind that clauses are on a case-by-case basis, and the totality of the circumstances must be taken into account in order to determine whether or not they are valid. In case of uncertainty, it would be wise to call on a
lawyer specializing in housing law
for guidance. 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