Tenants Rights in Quebec When Paying The Rent
What the Landlord and Tenant Need To Know Regarding the Lease
Oct 5, 2009
The law is very clear in Quebec regarding rental agreements, which are governed and overseen by the Régie du Logement, commonly referred to as "the Régie". There are several things a tenant and landlord need to be aware of regarding the lease itself (see What Are A Tenants Rights in Quebec?) but equally there are clear regulations about paying the rent and what the landlord can and cannot do once the tenant has moved in to the property.
Paying the Rent
The main obligation of the tenant is, of course, to pay the rent – in full and on the agreed date. An agreement can be reached, and specified in the lease, as to the method of payment. What is important to note is that an ordinary cheque does not have to be accepted by the landlord and technically, the rent is only considered to be paid when the cheque actually clears.
There can also be an agreement for the tenant to undertake work to the property in lieu of rent or in part payment of the rent. If such an agreement is reached, the tenant is well advised to obtain in writing this consent, and must undertake the work agreed.
Where to Pay The Rent
Unless stated otherwise in the lease, it is the responsibility of the landlord to collect the rent at the property.
What the Landlord is Not Allowed to Do
When it comes to paying the rent the law is very clear on what a landlord cannot demand, and these are:
- demand postdated cheques
- demand payment for a period exceeding one month's rent
- demand additional payments, for example a deposit for keys or damage
- demand advanced payment of the rent (unless this is for the first month's rent to which they are entitled in cleared funds upon signing of the lease)
Even if there is a clause in the lease to these effects, it is invalid and cannot be enforced.
What Happens When the Rent is Late
If the rent is not paid in full on the due date, naturally it is considered to be late. A landlord cannot, however, evict a tenant if the rent is late but can apply to the Régie to enforce payment. However, if the rent is more than three weeks late, the landlord can apply to the Régie to have the lease cancelled (resiliated). Likewise, if the rent is consistently late, they can apply for a resiliation of the lease however in this case the landlord must demonstrate that it has caused them serious prejudice (for example, serious financial loss) as a result.
Eviction and Resiliation of the Lease
If a landlord has applied for resiliation of the lease due to non-payment, and the tenant subsequently pays the rent before judgement (including any costs and interest allowed for in law), or if a payment arrangement is made, they then cannot be evicted.
If evicted due to resiliation of the lease, it is important to note that the evictee remains responsible for payment of the rent and associated costs (water, electricity etc) until a new tenant is found.
Summary
The law is very clear about landlord tenant issues in relation to paying the rent and any deviation or agreement made should be specified either in the lease or in writing, signed and dated by both parties, to ensure no ambiguity or misunderstanding. For further reading on a tenant's rights to be left alone and for the landlord's rights to access see Tenants Rights to Peaceable Enjoyment.
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