Quebec Lease Requirements & Mandatory Forms

Drafting an airtight lease agreement is simpler in Quebec than in many other jurisdictions—because the government does it for you. The use of the official, standardized lease form is mandatory for almost all residential tenancies in the province.

The Mandatory Lease Form

The Tribunal administratif du logement (TAL) publishes a mandatory lease form that must be used for any residential tenancy (whether it's an apartment, a house, or a rented condo unit). You can purchase these forms at most pharmacies, bookstores, or online directly from Les Publications du Québec.

Key Requirements:

• The landlord is legally responsible for providing the form.
• The landlord must give the tenant a signed copy of the lease within 10 days of entering into the agreement.
• If the agreement is made verbally (which is legally valid in Quebec but risky), the landlord must still provide the tenant with a "Mandatory Writing" form within 10 days detailing the name and address of the landlord and the agreed-upon rent.

Separate Forms for Specific Units

The TAL provides specialized variations of the official form for specific renting scenarios:

• Dwellings in low-rental housing
• Renting a room
• Dwellings in a cooperative
• Dwellings in educational institutions
• Services provided to seniors

Language of the Lease

In accordance with Quebec's language laws, the lease must be drawn up in French. However, the landlord and tenant can expressly agree to sign an English version of the TAL lease.

Prohibited Clauses (Null and Void)

The Civil Code of Québec provides strong protections for tenants. As a result, certain clauses are legally considered "unwritten" (null and void) even if both the landlord and the tenant sign them. The TAL will completely ignore these clauses in a dispute.

Examples of prohibited clauses include:

1. Security deposits: Any clause exacting a deposit or the payment of the last month's rent in advance.
2. Late fees: Any clause establishing a set penalty or fee for late rent.
3. Limiting liability: Any clause releasing the landlord from their liability to provide a habitable dwelling.
4. Altering termination rules: Any clause presuming the tenant's consent to leave the dwelling at the end of the term (which violates the right to maintain occupancy).
5. Blanket prohibition on pets: Currently, "no pet" clauses are generally legal and enforceable in Quebec. However, legislation has occasionally been proposed to change this, so landlords should monitor ongoing discussions at the National Assembly. Note that clauses prohibiting service animals are strictly illegal.

Important Sections to Complete

Joint Liability (Solidary Obligation)

When renting to multiple roommates, a critical concept in Quebec civil law is solidary obligation (similar to "joint and several liability" in common law).

If you simply list three roommates on the lease, they are generally only responsible for their own share of the rent. If one leaves, the landlord cannot necessarily demand the entire rent from the remaining two.

To ensure that any one of the tenants can be held responsible for the entire rent if the others fail to pay, the landlord must ensure the "Solidarity" box in Section H of the mandatory lease is checked, making the tenants solidarily liable.

Lease Assignment and Subletting (Bill 31)

Significant changes introduced by Bill 31 (February 2024) have altered the rights of landlords regarding lease assignments:

1. Assignment vs. Subletting

• Assignment: The tenant leaves permanently and transfers all rights and obligations to a new person.
• Subletting: The tenant leaves temporarily and remains responsible for the lease.

2. The Right to Refuse (New)

Formerly, a landlord could only refuse an assignment for a "serious reason" (e.g., poor credit). Under Bill 31, a landlord can now refuse an assignment for any reason.

3. Consequence of Refusal

If the landlord refuses the assignment for a reason that is not serious, the lease is automatically terminated on the date of assignment indicated in the tenant's notice. This gives the landlord the power to choose their own new tenant or keep the unit vacant, rather than accepting the tenant's choice.

4. Subletting Exceptions

The "any reason" refusal rule does not apply to subletting. Landlords still need a serious reason to refuse a sublet request.

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