Renewal of a lease

Friday 9 December 2022

Renewal of a residential lease

In Quebec, when a lease expires, the landlord and tenant must agree on the terms of the renewal. If the landlord wishes to renew the lease, the landlord must provide the tenant with written notice at least three months before the lease expires. This notice must include the proposed terms of the renewal, such as the term of the new lease and any change in rent.

The tenant then has the option of accepting the proposed terms and signing the new lease or negotiating with the landlord for changes. If the tenant is not satisfied with the proposed terms, he or she may also choose not to renew the lease and move out when the original lease expires. If the tenant does not respond to the landlord's notice to renew the lease within one month, the landlord may assume that the tenant wishes to renew the lease.

It is important for both the landlord and the tenant to carefully consider the terms of the renewal, as it will affect their rights and obligations for the term of the new lease. For example, if the landlord proposes a significant rent increase, the tenant may choose to negotiate a more reasonable rate or look for a new place to live. Similarly, if the tenant wishes to make changes to the rental unit, such as painting or making improvements, they should discuss this with the landlord and come to an agreement before signing the new lease.

In Quebec, the landlord and the tenant must respect certain rules when renewing a lease. For example, the landlord cannot discriminate against the tenant based on nationality, religion, gender or other protected characteristics. They also cannot charge the tenant a renewal fee or impose other unfair or abusive conditions on the renewal.

If the landlord and tenant are unable to agree on the terms of the renewal, either may choose to take the disagreement to the Tribunal Administratif du Logement, which is the government organism that resolves disputes between tenants and landlords.

 

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