A lease is a contract that creates certain rights and responsibilities. It’s important to understand what you’re getting into before you sign. This can help you avoid misunderstandings and recognize situations where your rights aren’t being respected.
1. You can sign a lease even if you’re under 18
Landlords can’t discriminate against you because of your age, but they can ask you to prove that you can pay the rent. Usually, your date of birth should only come up if you’ve agreed to a credit check.
2. A credit check isn’t the only way to prove that you can pay
A landlord has the right to require proof that you can pay the rent. However, this doesn’t necessarily mean that you must agree to a credit check. Requiring a credit check could end up discriminating against people who can pay, but are new to the country, studying, or receiving social assistance or unemployment benefits.
As an alternative, you can provide references from past landlords or proof of other bills you pay regularly, like your electricity, Internet or telephone.
If you can’t provide proof of your ability to pay the rent, you can ask someone close to you to be a guarantor. Being your guarantor means promising to pay the rent on your behalf if you’re not able to.
3. Landlords must follow the legal rules around rent
The law has specific rules around paying the rent. Landlords aren’t allowed to do certain things. For example, when you sign the lease, the landlord can’t require any deposit other than the first month’s rent. The landlord also can’t increase the rent during the lease.
4. You have responsibilities as a tenant
When you sign a lease, you take on many responsibilities. These are a few examples:
- Keep the apartment in good condition.
- Allow the landlord access to the apartment in some situations.
- Make small repairs.
- Pay the rent.
5. Pets may not be allowed
Landlords can ban you from having a pet in your apartment. They can include this in the lease or in the building rules. Read these documents carefully before signing.
6. You can set boundaries when it comes to your personal information
A landlord can only require you to provide personal information if this information is necessary to confirm your identity, your ability to pay the rent, and your ability to be a responsible tenant.
For example, a landlord can contact your previous landlords or do a credit check if they have your permission. But they can’t require you to disclose:
- details about your current salary (unless this is how you would like to prove your ability to pay the rent),
- your employer’s contact info,
- whether you have kids.
When you sign the lease, they can require you to provide your first and last name, and your current address. They can also require you to show a piece of ID to confirm your identity, but they aren’t allowed to take a photo or a photocopy. Allowing them to look at it is enough.
To find out more about how you can protect your personal information when you’re signing a lease, check out the website of Quebec’s Commission d’accès à l’information (access to information commission) (French only).
7. You can only break the lease in certain situations
As a general rule, leases renew automatically. If you want to leave when the lease ends, you must give your landlord notice.
In some situations, you can also break your lease before it ends. Here are some examples:
- The apartment isn’t fit to live in.
- You’re a victim of spousal or sexual violence.
- You’re moving into low-rent housing.
If you’re not in a situation that allows you to break your lease before it ends, you must come to an agreement with your landlord or find someone to replace you.
As for your landlord, they can also break the lease in certain situations. For example, they can do this if you do not pay your rent or if you disturb your neighbours.