What Are A Tenant's Rights In Quebec?
Drawing Up The Lease
The lease is an important document which is drawn up between a landlord and a tenant, and is the legal framework for the tenancy itself. There are some peculiarities and specific laws in Quebec regarding rental agreements, and these are governend and overseen by the Régie du Logement, commonly referred to as "the Régie".
For example, it is mandatory for the lease to be on a specific form available from the Régie. However, before this even happens, the landlord is likely to want to establish the suitability of the potential new tenant, so there are some things to be aware of in the processes leading to the drawing up of the lease.
References
As a tenant it is always a good idea to be armed with references to present to a potential landlord. A reference from a previous landlord, an employer reference and a bank reference are all acceptable. The landlord has the right to establish that the tenant is able to pay the rent and will behave acceptably whilst occupying the property.
The landlord does not, however, have the right to contact a former landlord, an employer or a bank without the tenants consent. It is always a good idea to consent – or otherwise – in writing. It is, however, a good idea to explain fully why consent is not being given should this be the case althought there is no obligation to do so.
Credit Check
It is increasingly common for a landlord to want to conduct a credit check. However, written consent must be obtained in order to do so and they should not refuse to the tenancy agreement if consent is not given. This is covered by legislation outside the jurisdiction of the Régie du Logement.
Deposit
The law is very clear about deposits – only the first month's rent is required. A landlord does not have the right to the final month's rent, a payment which is greater than a month's rent or a deposit for keys or damage. Even if a clause is put in the lease to this effect, it is not enforceable and a tenant has the right to reclaim this if this is the case.
First Month's Rent
As mentioned above, a landlord cannot ask for more than one month's rent. It is allowed, however, to ask for the first month's rent before the rental period actually starts. The rent is covered in greater detail in the article "Tenants Rights in Quebec on Paying The Rent".
Conditions Of The Rental Agreement
Other conditions can be agreed between the landlord and tenant, for example a tenant demonstrating that they have insurance, any work which the tenant has requested to be done before the lease commences etc. A landlord is obliged to deliver the property in a clean condition, and as seen by the potential tenant at the viewing.
Other Considerations
When the lease is filled out and signed, agreement is made on who is responsible for lawncare, snow removal, electricity, water rates, condo fees etc. There is also a section to complete on what is included (for example a washing machine, dishwasher) and what the previous rent paid was. Access rights and the tenants right to be left alone are covered in Tenants Rights to Peaceable Access in Quebec.
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