Residential Leases

A residential lease is a contract between a landlord and a tenant. In this contract, the tenant agrees to pay rent, and the landlord agrees to let the tenant live in the rental unit and ensures the tenant enjoys it in peace.

What is a residential lease?

A lease is a contract to rent a rental unit. It is signed between a tenant and a landlord. In it, the landlord agrees to provide the tenant with a rental unit in good condition in exchange for rent.

Residential leases don’t apply only to apartments: these leases can also apply to renting a room, a mobile home or even the land on which to install a mobile home.

The rules for residential leases don’t apply to these rentals:

• renting a room in a hotel,
• renting a room in a health and social services institution,
• renting a room in the landlord’s main residence if the landlord rents less than two rooms and the rented room doesn’t have its own independent entrance or bathroom,
• renting a unit in a vacation resort,
• renting a unit in which more than 1/3 of the floor area is not used for residential purposes.

What form should be used for the lease?

Since September 1, 1996, the lease form of the Tribunal administratif du logement (TAL) must be used. The form must be used for all new leases, whether for a room, an apartment or a house.

The lease forms are sold at the TAL’s offices and in bookstores.

The lease and building rules must be written in French unless the landlord and tenant agree on another language.

When a landlord or tenant gives a notice, what are the rules?

Any notice concerning the lease, except for a landlord’s notice to enter the rental unit, must respect these rules:

• be in writing,
• be sent to the address shown on the lease or to the recipient’s new address,
• be written in the same language (French, English, etc.) as the lease.

The TAL website has model notice forms.

Are the building rules part of the lease?

Yes. These rules form part of the lease. The landlord must give tenants a copy of these rules before the lease is signed. These rules often cover things such as the peaceful enjoyment and maintenance of individual units and common areas.

These rules can say, for example, that tenants can’t keep pets in their units. (See our article Pets in Rental Housing.)

Must the landlord give the tenant a copy of the lease?

Yes. The landlord must give the tenant a copy of the lease within 10 days of when it is signed.

How can a tenant find out the previous rent and ask the TAL to set the rent?

When a lease is signed, the landlord must give the tenant a written notice stating the lowest rent paid in the 12 months before the start of the lease, or the rent set by the TAL during that period. If no rent was paid or set during the previous 12 months, the landlord must inform the tenant of the last rent paid and when it was paid. The landlord must provide the relevant information when signing the lease by filling out Section G of the lease.

If the new rent is more than the lowest rent paid in the previous 12 months, the new tenant can ask the TAL to set the amount of rent. If the rent was set by the TAL during that period, the new tenant can ask to set the rent again if the new rent is more than the previous amount of rent set by the TAL.

To set the rent, the TAL will use the previous rent as a starting point and apply the regular percentages and criteria for calculating rent increases to arrive at a new rent. The new tenant can look at these percentages and criteria to better understand what’s considered an acceptable rent increase.

The deadline for the new tenant to ask the TAL to set the rent depends on the situation:

• If the new tenant received notice of the previous rent when they signed the lease, the new tenant must file their application to set the rent within 10 days of signing the lease.
• If the new tenant didn’t receive notice of the previous rent when they signed the lease, they have two months from the lease’s start date to file their application.
• If the new tenant discovers that the landlord made a false statement about the previous rent, they have two months from the day they discovered this to file their application.

For leases signed on February 21, 2024, or after, the new tenant can also ask for punitive damages if the landlord made a false statement about the previous rent or knowingly failed to provide this information. Punitive damages are an extra sum of money awarded to punish someone for intentionally harming another person.

Other rules apply to the notice the landlord must send, and to the new tenant’s application to set the rent, in the case of a rental unit located in a senior’s residence that has stopped offering certain services but still provides rental housing.

In the following types of rental housing, the landlord is not required to inform a new tenant of the previous rent:

• low-rent housing,
• a housing cooperative if the tenant is a member,
• a new building or a building used for rental housing for less than five years.

For low-rent housing, the rent is set according to the regulations of the Société d’habitation du Québec. 

For rental units in a housing cooperative or in a new building, a new tenant cannot ask the TAL to set the rent if this restriction is mentioned in Section F of the lease. In the case of a new building, if the lease was signed on February 21, 2024, or later, the lease must also mention the maximum rent the landlord can charge during the first five years that it’s used for rental housing.

Are there things that can’t be put in leases?

Yes. In a lease, the landlord and tenant can agree on issues 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 a lease can go against what the law requires. If it does, it will be treated as though it doesn’t exist.

Here are some things that are not allowed:

• A statement that limits or releases the landlord from responsibility for the rental unit or that makes the tenant responsible for damages that are not the tenant’s fault.
• A statement saying the tenant is not allowed to assign or sublet the unit.
• A statement that changes the tenant’s rights if the number of occupants in the tenant’s unit increases during the lease (unless it’s justified by the size of the unit).
• A statement that the tenant must pay rent for the rest of the lease if one payment is missed.
• A statement in a fixed-term lease of 12 months or less that says the rent can be changed during the term of the lease.

Does the tenant have rights if the lease is oral (not written)?

Yes. This kind of lease is valid and creates the same rights and responsibilities as a written lease. However, the landlord must give the tenant a special form called the “mandatory writing form” (available at the TAL offices).

If the landlord and tenant didn’t agree on when the oral lease will end or be renewed, the tenant can cancel it by giving two-months’ notice.

This is not the case for a lease with a fixed period, which must be respected until it ends, except in situations set out by law or with the landlord’s agreement. To find out more, read our article A Tenant’s Right to Cancel a Lease.

Can a person who buys the building force the tenant to leave?

As a rule, no. Tenants who are respecting their responsibilities have a right to stay, even if the building’s owner changes.

But a landlord who wants to demolish a rental unit can usually require a tenant to leave. A landlord can also take back the unit to live in it or to house certain family members there. In these situations, the tenant might have a right to be compensated with money.

To find out more, see our articles Repossession of Rental Housing and Eviction.

Aside from these situations, nothing prevents a landlord from offering a tenant money to give up the right to stay. The tenant is free to accept or refuse.