Changing a Quebec Lease Condition: Parking, Heating, Term

Which conditions can you change?

Example: Luc rents out a two-bedroom apartment at $950 a month, heating and parking included. At renewal, he wants the tenant to pay for heating and to charge $40 a month for the parking spot.

A landlord can change the rent, but also other conditions of the lease. This must be done with a notice of modification (article 1942 of the Civil Code of Québec). The Tribunal administratif du logement (TAL) gives these examples:

• Heating, for example when it becomes the tenant's responsibility.
• Parking, for example when an included spot starts costing extra.
• The term of the lease, for example from 12 months to 24 months.
• Withdrawing the right to use the yard or the parking.

The same notice as a rent increase

Example: a lease from July 1 to June 30. Whether you change the rent, the parking or both, the tenant must receive the notice between January 1 and March 31. What counts is the date of receipt.

You use the same official TAL form: TAL-806A-E for a lease in English, or TAL-806-E for a lease in French. The change goes in the "Other modification(s)" box, where the form itself gives garage and heating as examples. You can change another condition without touching the rent.

Write the change clearly: what, how much, from when

Example: "Parking may start costing extra" is too vague. The tenant does not know how much they will pay, or from when. Write instead: "Outdoor parking: $40 per month starting July 1, 2027, in addition to the rent."

According to the TAL, the notice must state the proposed changes clearly. The tenant needs to know what they are accepting or refusing. A few good practices:

• One line per change.
• Amounts in dollars, per month, not "a small fee".
• The start date, usually the first day of the renewed lease.
• For heating: "Heating: paid by the tenant starting July 1, 2027."
• For the yard: "Use of the back yard: no longer included starting July 1, 2027."

Changing the term of the lease

Example: Julie has a 12-month lease ending June 30, 2027. You want a 24-month lease instead, from July 1, 2027 to June 30, 2029. The notice must state the proposed term (article 1943). On the form, fill in the "Term of lease" section with those two dates.

Without a notice, the lease renews for the same term, but a lease longer than 12 months renews for 12 months only, unless you and the tenant agree otherwise (article 1941). The tenant can refuse a new term like any other change.

The tenant can refuse, even a small change

Example: notice received January 20. The tenant refuses the $40 parking charge, and you receive their written refusal on February 10. They stay in the unit. You have until March 10 to ask the Tribunal to rule on the change (article 1947). If you do not, the lease renews on the previous conditions: parking stays included.

A tenant can refuse any change, even $10 a month: the Tribunal decides, not the landlord. You can also negotiate at any time, for example $25 instead of $40. If the tenant does not reply by February 20, they are deemed to have accepted the new conditions (article 1945).

With ProprioSign, the tenant replies and signs online. The date of their reply is recorded, so you know when your one-month period to apply to the Tribunal starts.

The exceptions: co-ops and new buildings

Example: a building ready for occupancy in March 2023, and section F of the lease states that it is a new building. Until March 2028, a tenant who refuses a change must move out at the end of the lease, and there is no recourse to the Tribunal to rule on the change.

These exceptions cover a dwelling in a housing cooperative, or in a building built, or converted to rental use, 5 years ago or less. They apply only if they are written in section F of the lease. For a lease signed after February 20, 2024, in a building ready for occupancy after that date, the lease must also state the maximum rent for those 5 years. In every other case, the tenant can refuse and stay.