Property Law in Quebec

Property Law in Quebec

Right to maintain occupancy

Property law in Quebec follows one big principle stated in the Civil Code : the right to maintain occupancy.

Article 1936 C.C.Q. states that : “Every lessee has a personal right to maintain occupancy; he may not be evicted from the leased dwelling, except in the cases provided by law.”

Therefore, subject to some exceptions, the agreement, be it verbal or written, will not change the tenant’s right to maintain occupancy as long as he honours his obligations.

Also, the Civil Code of Quebec states many dispositions of public order which means that the parties will not be able to change them, even if they agreed to do so.

Tenant’s obligations

Taking for granted that the tenant honours his obligations, the main ones being to pay the rent the 1st of each month and to not disturb the normal enjoyment of the other tenants, he will have the right to stay in the rented apartment for as long as he wants.

The major exceptions to the right to maintain occupancy are the repossession of the dwelling and the division, enlargement or change of destination of the apartment.

The modification of the conditions of the lease

To increase the rent or to modify the conditions of the lease, the landlord will have to send the tenant a notice to this effect within the time limit stated in the Civil Code.

To refuse, in accordance with article 1945 C.C.Q., the tenant will have to notice the landlord within the month following the reception of the notice of modification that he refused the augmentation or that he will be leaving the apartment at the end of the lease. If he does not, the lease will be renewed to the new conditions.

If the tenant refuses the new conditions, article 1945 C.C.Q. states that the landlord will have to fill a demand at the Régie du logement for the fixation of rent or for the modification of the conditions of the lease, within the month following the reception of the tenant’s notice. If the landlord does not, the lease will be renewed to the old conditions.

If there is a fixation of rent, the rent will be determined by taking into consideration the building finances, that is, the increase of municipal and school taxes, insurance, the maintenance and electricity fees and the cost for major work.

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