1. The principle of automatic renewal

In Québec, residential leases renew automatically upon expiry. The tenant benefits from the right to maintain occupancy, set out in articles 1936 and following of the Civil Code of Québec. If the landlord does not send a valid notice of renewal, or the tenant does not send a notice of non-renewal, within the prescribed timeframes, the lease is renewed by operation of law.

Renewal term by lease type: 

Fixed-term: 12 months or more

Renewal term:

12 months

Fixed-term: less than 12 months

Renewal term:

Same length as the initial lease

Indeterminate term

Renewal term:

Continues without a new fixed end date

Room

Renewal term:

Same length as the initial lease

2. Notice of changes to lease terms

If the landlord wishes to change a condition of the lease at renewal, in particular the rent, they must send a written notice strictly within the following timeframes. 

These deadlines are set out in articles 1942 and 1943 of the Civil Code of Québec. Notice templates that comply with the current law and that are adapted to fixed-term or indeterminate leases are available in our model letters and forms.

Fixed-term lease of 12 months or more

Notice deadline: 

Between 3 and 6 months before the end of the lease

Fixed-term lease of less than 12 months

Notice deadline: 

Between 1 and 2 months before the end of the lease

Indeterminate-term lease

Notice deadline: 

Between 1 and 2 months before the proposed change

Room lease

Notice deadline: 

Between 10 and 20 days before the end of the lease, or before the proposed change if the lease is indeterminate-term

3. Mandatory content of the notice

The notice must:

• be in writing;
• clearly indicate each proposed change;
• specify the new rent, if applicable;
• state that the tenant has one month to respond;
• indicate that the tenant may refuse the changes;
• and include all mandatory mentions under the Regulation respecting the mandatory contents of the notice of modification of a residential lease.

It is recommended to keep proof of delivery and receipt. 

4. The tenant's response deadline

The tenant has one month from receipt of the notice to respond.

They generally have three options, with limited exceptions:

• accept the changes;
• refuse the changes and renew the lease;
• refuse the changes and leave the dwelling at the end of the lease.

If the tenant does not respond within the one-month period, they are deemed to have accepted the changes.

5. Tenant refusal and recourse before the TAL

If the tenant refuses the proposed changes but wishes to remain in the dwelling, the landlord has one month from receipt of the refusal to file an application with the Tribunal administratif du logement (TAL) to have the rent set and/or rule on the proposed change.

If the landlord does not file an application within this period, the lease is renewed under the same conditions as the previous lease.

6. Non-renewal by the tenant

If the tenant wishes to leave at the end of the lease and has not received a renewal notice from the landlord, they must send a written notice within the same timeframes as those applicable to the landlord's notice of modification. If the tenant fails to send the notice within these deadlines, the lease is renewed automatically.

Lease of 12 months or more

Deadline to notify the landlord:

Between 3 and 6 months before the end of the lease

Lease of less than 12 months

Deadline to notify the landlord:

Between 1 and 2 months before the end of the lease

Room lease

Deadline to notify the landlord:

Between 10 and 20 days before the end of the lease