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Termination rules


The lessor may obtain the termination of the lease if:

  1. The lessee is over three weeks late in paying the rent or is frequently late in paying the rent, causing the lessor to suffer serious injury;1
  2. The dwelling becomes unfit for habitation.2

In these cases, the termination of the lease is pronounced by the Tribunal.


The lessee may obtain the termination of the lease if:

  1. The dwelling becomes unfit for habitation;3
  2. He is allocated a dwelling in low-income housing;4
  3. He can no longer occupy the dwelling because of a handicap;5
  4. in the case of a senior, the lessee is permanently admitted to a residential and long-term care centre or a senior’s residence;6
  5. Because of the violent behaviour of a spouse or former spouse or because of a sexual aggression, even by a third person, the safety of the lessee or of a child living with the lessee is threatened.7


In cases 2, 3 and 4, the notice must be sent with an acknowledgement from the authority concerned, and becomes effective two months following the sending of the notice or one month in the case of a lease with an indeterminate term or a term of less than 12 months.8

In case 5, the notice must be sent with an attestation from a public servant or public officer, and the termination will take effect two months following the sending of the notice or one month in the case of a lease with an indeterminate term or a term of less than 12 months.9

The lease is terminated by operation of law where a lessee abandons the dwelling, taking his movable effects with him, or where the dwelling is unfit for habitation and the lessee abandons it without notifying the lessor.10

In case of termination of the lease, the lessee must leave the dwelling free of all movable effects except those which belong to the lessor. If the lessee leaves movable effects, the lessor may attempt to return them to the former lessee. If the lessee cannot be found or if the effects have little value, they will be deemed to have been abandoned. The lessor may then take them for himself or sell them in accordance with the deadlines and conditions outlined in the Civil Code of Québec.11

 

1 Art. 1971 C.C.Q.
2 Art. 1972 C.C.Q.
3 Ibid
4 Art. 1974 (1) C.C.Q.
5 Ibid.
6 Ibid
7 Art.1974.1 (1) C.C.Q.
8 Art. 1974 (2) C.C.Q.
9 Art. 1974. 1 (3) C.C.Q.
10 Art. 1975 C.C.Q.
11 Art. 1978 C.C.Q and art. 939 to 946.
 

Last updated on: December 16, 2022
Reference number: 264765