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The Quebec Lease Agreement: An Essential Guide for Landlords

July 2025

Drafting a lease agreement in Quebec is a crucial step for successful rental management. This legal document, governed by the Tribunal administratif du logement (TAL), protects both your interests and those of your tenants by setting clear ground rules. It helps prevent misunderstandings in a diverse market like Montreal. 

In this guide, we'll cover the key concepts every landlord needs to know before drafting or renewing a lease. 

The Legal Foundation of a Lease

A lease is more than just a piece of paper. It's a legal contract that binds the tenant and the landlord for a specific duration. In Quebec, it is governed by the Civil Code of Quebec (CCQ-1991), which ensures a fair and equitable framework. Clauses in a lease cannot contradict this code, or they will be considered null and void by the TAL (tal.gouv.qc.ca/en).

The lease agreement protects both parties:

  • The tenant, who benefits from a safe dwelling and clear rights.
  • The landlord, who secures their rental income and establishes rules for the use of their property.

The official TAL lease form is designed to include all the legally required elements: identification of the parties, a description of the dwelling, the rent, the lease term, and the included services. It serves as a reference document in case of a dispute, making its use essential for healthy and stress-free rental management.

To give you an idea, here is the official lease model found on the Légis Québec website: Mandatory TAL Form - Residential Lease.

Mandatory Mentions of the TAL Lease

These clauses are an integral part of the standard lease form and cannot be modified or removed. They are the backbone of the lease, ensuring the contract is fair and respects the law. As a landlord, you don't have to write them, but you must understand them to know exactly what you're committing to and to properly inform your tenants of their rights and obligations.

Here is a table that simplifies and highlights the most relevant and useful information for a landlord, according to Bénoline.

Section Main Content Key Points
General Provisions General clauses on the rights and obligations of tenants and landlords. The landlord has the right to access the dwelling for repairs or visits with 24 hours' notice.
Lease Conclusion Details on the language of the lease and the right to renewal. Leases renew automatically. New tenants have the right to request the previous rent.
Right to Remain in the Premises The tenant has the right to remain as long as they meet their obligations. The landlord can only end the lease for specific reasons. The landlord must give written notice to access the dwelling or show it. Tenants must allow this access.
Peaceful Enjoyment of the Premises The tenant has the right to peaceful enjoyment of their home. The landlord must ensure the tenant is free from nuisance. Overpopulation of the dwelling can be a reason for lease termination.
Maintenance and Repairs The landlord is required to provide and maintain a habitable dwelling. The tenant must inform the landlord of any damage or deterioration.
Assignment and Subletting The tenant has the right to assign or sublet the lease, but they must have written consent from the landlord. The landlord cannot refuse without a serious reason.
End of the Lease The tenant must vacate the dwelling at the end of the lease and return it in the same condition, minus normal wear and tear. The landlord cannot keep a security deposit for damages.
Lease Renewal The lease automatically renews. Specific deadlines and procedures for lease modification, repossession, or eviction are clearly defined. The tenant has one month to respond to a rent increase notice; otherwise, the lease is automatically renewed under the new conditions.

Essential Information in a Lease

The official TAL lease form is structured in several sections, each playing a specific role in defining the rental conditions. In this article, we'll group them into three main themes to help you understand the key points. We will provide a complete, step-by-step guide to filling out the form in our next article.

1. The Parties: Landlord and Tenants

A lease always begins with the identification of the parties:

  • The full name and contact information of the landlord (or their legal representative).
  • The name and contact information of every adult tenant who will occupy the dwelling.
  • The signature of the adult tenants.

👉 Good to know: It's not legally required for all adult occupants to sign the lease. A single tenant can be legally designated as the sole person responsible to the landlord. Other occupants would then be considered simple occupants, with no direct rights or obligations.

However, it is highly recommended to have all adults sign, as each becomes jointly and severally liable for the rent. In the event of non-payment, the landlord can claim the amount from any of the signatories, which reduces the risk.

👉 In short: It's not a legal obligation, but it's a wise precaution to secure your rental income, especially for roommates or couples.

2. The Dwelling and its Inclusions

A lease must precisely describe the rented dwelling.

  • Full address of the dwelling.
  • Description (number of rooms, floor, and square footage if known).
  • Dependencies (balcony, yard, shed, storage, etc.).
  • Parking (indoor or outdoor, included or not).
  • Furniture and appliances provided (refrigerator, stove, bed, table, washer/dryer, microwave, etc.).
  • Services included in the rent: heating, hot water, electricity, internet, cable, etc.

💡 Example: A lease can specify that the dwelling includes outdoor parking and a refrigerator, but not electricity or internet.

👉 Important:

  • Some items are considered essential (refrigerator, stove, and sometimes a bed and table in a furnished dwelling). The landlord must maintain and replace them in case of normal wear and tear.
  • Other items are considered accessories (microwave, TV, dishwasher, washer/dryer). You can specify that they are provided without a replacement guarantee.
  • An annex may be relevant in these situations—see further down in the article.

3. The Price and Financial Conditions

The section on price and conditions is at the heart of the lease. It must be clear and unambiguous.

  • Rent amount (in numbers and letters).
  • Payment date (e.g., the 1st of each month).
  • Payment location and method (e.g., electronic transfer, check, direct deposit).
  • Previous rent paid (a legal obligation in Quebec: you must indicate the rent paid by the previous tenant).
  • Lease term (often 12 months, but can be shorter).
Element Authorized? Example
Security deposit (damages) ❌ No Forbidden
First month's rent paid in advance ✅ Yes The tenant pays the first month before moving in
Deposit for keys/remote ✅ Yes $50 for a lost key
Indication of previous rent ✅ Mandatory Must appear in the lease

⚠️ Good to know:

  • A landlord cannot demand a security deposit to cover damages or one month's rent in advance (unlike in other countries).
  • One exception is a deposit for keys or a garage remote.
  • Another exception arises when the tenant voluntarily offers to pay a deposit in the event of an insufficient financial record. However, the landlord must then provide several options: a deposit, a third-party guarantor, or the presence of a co-tenant.

*Comparative Table: Financial Inclusions

House Rules and Annexes

A lease alone isn't always enough to specify everything. This is why it can be supplemented by:

  • Additional conditions (e.g., no smoking, presence of pets, yard maintenance).
  • Annexes: These can add specific clauses (inventory of furniture, parking usage terms, authorization for work, etc.).
  • A building bylaw: A true "code of conduct" for the building. It includes cohabitation rules (waste management, noise, use of common areas).

⚠️ Warning: These documents only have legal value if they are annexed to the lease and signed by the tenant.

Lease Annexes: More Than Just an Addition

An annex is a document attached to the lease to add specific clauses. It's an essential tool for personalizing your rental contract and making it more precise than the standard form. Here's what you can include:

  • Inventory of Provided Goods: Essential for a furnished dwelling, this annex lists all provided items (appliances, furniture, decor) with their initial condition, often documented with photos.
  • Payment Terms: Specify accepted payment methods (checks, transfers, etc.) or any other specific agreement.
  • Specific Conditions: You can include detailed clauses on the use of parking, common areas (gym, pool), or specific equipment (alarm system, etc.).
  • Work Authorization: If the tenant is allowed to make modifications to the dwelling, you can define the conditions and responsibilities in an annex.

Building Bylaw: A Separate but Essential Document

A building bylaw is often confused with annexes, but it has a different function. While the lease is the contract, the bylaw is the "code of conduct" for your property. It defines the rules of behavior and cohabitation for all occupants.

Although it is a separate document, the building bylaw only has legal value if it is annexed to the lease and signed by the tenant. This formality makes its clauses mandatory. It's the best place to detail daily life aspects like garbage management, pet rules, or a smoking ban in the building.

📢 Update - August 2025: For more details on drafting a building bylaw, we invite you to consult our specialized guides: The Building Bylaw: An Essential Tool for Your Rental Management in Montreal and Drafting Guide: How to Create Your Building Bylaw in Montreal.

Lease Renewal and Modification

In Quebec, a lease is automatically renewed if neither party objects. This means the tenant remains in the unit under the same conditions. If you wish to increase the rent or modify a clause, you must provide written notice within the required timeframes:

  • Lease of 12 months or more: between 3 and 6 months before the end.
  • Lease of less than 12 months: between 1 and 2 months before the end.
  • Indefinite lease: between 1 and 2 months before the intended modification.

The notice must be clear and ideally sent using the official TAL form.

📢 Update – September 2025: For a complete guide on lease renewal and rent increases, check out our detailed article: “Lease Renewal and Rent Increase in Quebec”.

Conclusion: Protect Yourself with a Clear Lease and Bylaw

Good rental management is not improvised. It relies on clear, precise, and legally compliant documents. A well-completed lease, supplemented by relevant annexes and a detailed building bylaw, are your best allies for preventing disputes and ensuring a healthy and stress-free relationship with your tenants.

In our next article, we will guide you step by step to fill out the official TAL lease form and create the necessary annexes for a solid contract: “Step-by-Step Guide to Filling Out a Residential Lease in Quebec“.


👉 Good to Know for Landlords

  • Always use the official TAL form to avoid invalid clauses.
  • Keep written proof of all important communications with your tenants.
  • Systematically annex a photo inventory for a furnished dwelling.
  • Clearly indicate services included in the rent to avoid any ambiguity.
  • A building bylaw is your best ally for managing cohabitation.

Where to Find a Lease in Quebec?

Lease forms are available for purchase at TAL offices (tal.gouv.qc.ca/en/info-offices) and in bookstores. You can also generate your leases online with bailelectronique.com, which is affiliated with the Corpiq (corpiq.com/en), a reputable non-profit organization that supports landlords.

👉 FAQ on the Quebec Lease

1. Can a lease be verbal? Yes, but it is strongly discouraged. 

The official written TAL form is mandatory for residential leases.

2. Can I ask for two months' rent in advance? 

No. The Civil Code of Quebec prohibits it.

3. Who pays for repairs to a provided appliance? 

If it's an essential item (refrigerator, stove), the landlord must cover the repairs.

4. Can I prohibit pets in the lease? 

Yes, but only if the clause is clearly written in the lease or a signed annex.

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