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Lease renewal mechanism

Notice to the lessee

Renewal refers to the automatic renewal of the lease, which is a characteristic of a residential lease. The lessor may change the terms of the lease at the time of renewal by giving notice to the lessee within the time limit.

TABLE — LEASE MODIFICATION PERIODS1

► ONE-YEAR LEASE


Notice by lessor

  • Between three and six months before end of lease

Lessee's reply

  • One month from receipt of notice

Application to the Tribunal administratif du logement by the lessor

  • One month from notice of refusal

► LEASE OF LESS THAN ONE YEAR


Notice by lessor

  • Between one and two months before end of lease

Lessee's reply

  • One month from receipt of notice

Application to the Tribunal administratif du logement by the lessor

  • One month from notice of refusal

► INDETERMINATE TERM LEASE


Notice by lessor

  • Between one and two months before desired end date

Lessee's reply

  • One month from receipt of notice

Application to the Tribunal administratif du logement by the lessor

  • One month from notice of refusal

► LEASE OF A ROOM


Notice by lessor

  • Between 10 and 20 days before end of lease

Lessee's reply

  • One month from receipt of notice

Application to the Tribunal administratif du logement by the lessor

  • One month from notice of refusal


Lessee’s reply

The lessee can respond in three ways:

  • Accept the renewal of the lease with the modifications proposed by the lessor;
  • Opt not to renew the lease and leave the dwelling at the end of the lease;
  • Renew the lease but refuse the lessor’s proposed modifications. If the lessee does not respond within the time limit set out above, he will be deemed to have accepted the lessor’s proposed modifications.

Application for rent fixing with the Tribunal administratif du logement

If the lessor does not apply to the Tribunal administratif du logement within the above period, the lease is renewed on the same conditions as before the request for modification.2

A lessee who refuses a rent increase or a modification to the lease must vacate the dwelling at the end of the lease where the dwelling is located:

  • In an immovable built within the last five years;
  • In an immovable used for leasing as a result of a change of destination within the last five years;
  • In a housing cooperative of which the lessee is a member.

In these cases, the Tribunal administratif du logement does not have jurisdiction to fix the rent or conditions.3

 

1 Tribunal administratif du logement, Notice of Rent Increase and Modification of Another Condition of the Lease (articles 1942 and 1943 of the du Civil Code of Québec). Referenced at https://www.tal.gouv.qc.ca/en/news/rent-increase-notices-and-modification-of-the-lease, accessed September 27, 2022
2 Art. 1947 C.C.Q.
3 Art. 1955 C.C.Q.
 

Last updated on: December 16, 2022
Reference number: 264760