Signing a Lease

Think you’ve found the perfect place? You’ll want to act fast. The current vacancy rate in the Montreal rental market is very low, so available apartments tend to get leased out quickly. But remember: never sign a lease sight unseen.

Before signing, here are a few things you’ll want to bear in mind.

Understanding your rights and obligations as a tenant

What are your rights as a tenant in Quebec?

A landlord is entitled to: 

• Check your credit
• Require someone to co-sign your lease (a “guarantor”) if you don’t have any income in Canada
• Limit the number of people living in an apartment 

It is illegal for a landlord to ask you for: 

• A credit card number, a passport number, a bank account number or a social insurance or social security number
• Any deposit other than first month’s rent (be it a security deposit, a key deposit, a cleaning deposit, a furniture deposit or anything else)

However, if you wish to, you may: 

• Volunteer to pay a deposit (e.g., last month’s rent) as an enticement to the landlord, in which case you should ask for a receipt and keep it in your records
• Show proof of the financial guarantee used to obtain your immigration papers (if you are an international student)
• Show proof of any financial scholarships or bursaries you have received

What are your obligations as a tenant?

• Keep the apartment in good condition.
• Pay the rent on time.
• Allow the landlord access to the apartment when needed (with at least 24 hours notice, except in an emergency).
• Abide by any conditions stipulated in the lease.
• Take out a tenant insurance policy, if required under the terms of your lease, to protect your belongings against theft, fire, water damage, vandalism and other damages. (Note that tenant insurance is highly recommended even if it is not specifically mentioned in your lease.)

Important information about leases in Quebec

A lease is a legally binding contract between a tenant and a landlord (referred to as a “lessee” and a “lessor” in Quebec legislation and official documents). You are required to honour the terms of the lease until the expiry date. Contrary to popular belief, you cannot get out of your lease beforehand by simply giving the landlord three months’ notice.

It is very important to note the following:

• The term of most leases is one year. Apartments in Montreal tend to be rented from July 1 to June 30.
• Leases are renewed automatically. It is up to you to notify your landlord if you plan to leave at the end of your lease. In most cases, notice must be given to the landlord three to six months before the end of the lease.
• If you absolutely need to get out of your lease, there are a few options available to you: you can negotiate an agreement with the landlord, you can sublet your apartment or you can transfer (“assign”) your lease to someone else, although there are several conditions that need to be met. See the Tribunal administratif du logement (the provincial rental board, often referred to as the “TAL”) site for more information.
• The lease must clearly indicate the amount of the monthly rent, and what exactly this includes.
• The landlord is required to provide you with a copy of the lease. The most common (and best) way to draw up a lease is by using the government’s standard residential lease form. You may request the form in English. An English version can be downloaded from the Publications du Québec website or purchased from several retailers.
• You do not have to be over 18 to sign a lease.

Sharing rental housing with co-tenants

If you opt to sign a lease with other tenants (“co-tenants” or, colloquially, “roommates”), your obligations will either be “joint” or “solidary,” as specified in your lease.

Joint obligation

Under a joint obligation, each co-tenant is responsible for paying their share of the total rent to the landlord. If you are sharing an apartment with a co-tenant and they do not pay their part of the rent, you will not be required to cover the difference.

Solidary obligation

If there is a clause in your lease specifying that the obligation between co-tenants is solidary, you would be responsible for the entire rent if your co-tenant doesn’t pay their share. 

If the lease doesn’t specify the type of obligation, it is considered to be joint.