Indeterminate-Term Lease in Quebec: When to Send the Notice

What is an indeterminate-term lease?

Example: Marc has rented one of your apartments since 2019, and his lease shows no end date. That is an indeterminate-term lease. Check the term written in your lease first.

With a fixed-term lease, you count from the end of the lease. Here, there is no end: you choose the date the change will take effect, then count back (article 1942 of the Civil Code of Québec).

You can change the rent or another condition of the lease, such as heating or parking. If the tenant refuses, you can apply to the Tribunal administratif du logement (TAL), just as with a fixed-term lease, except in some cases (a housing cooperative, or a new building noted in section F of the lease).

The window: 1 to 2 months before the change

Example: you want the new $990 rent to start on September 1. Marc must receive the notice at least 1 month and at most 2 months before, so between July 1 and July 31. What counts is the date he receives it, not the date you send it.

A notice received outside this window may cost you the change on the date you planned. Counting the days can be open to debate, so leave a margin and aim for the start of the window. Other examples:

• Change on January 1: notice received between November 1 and November 30.
• Change on October 1: notice received between August 1 and August 31.
• Room rented for an indeterminate term: the periods are shorter, 10 to 20 days before the change. The guide on renting a room covers that case.

What to write in the notice

Example: on the official TAL form (TAL-806A-E), you pick the new rent option and enter $990. Then, in the other modifications section, you write: "Date of the proposed modification: September 1, 2027".

This date is essential: it sets the notice window and tells the tenant when the change starts. The notice must also:

• Be in writing, in the language of the lease, dated and signed by the landlord or their mandatary (authorized representative).
• State each change clearly: the new rent, the increase in dollars or the increase as a percentage, plus any other condition you are changing.
• Reproduce the mandatory text in force since December 26, 2024: the tenant's options, the reply period and the application to the TAL. Page 2 of the official form contains this text and is part of the notice.
• Go to each tenant who signed the lease, with proof of receipt for each one.

After the notice: the same steps as a fixed-term lease

Example: Marc receives the notice on July 3. If he refuses the increase or is moving out, he must reply in writing by August 3. If he does not reply, he is deemed to have accepted the change (article 1945).

If he refuses and stays, you have one month from receiving his refusal to apply to the TAL, which can set the rent or rule on the other change. Example: refusal received July 20, application by August 20 at the latest. Otherwise, the lease continues at the same rent and conditions (article 1947). The guide on a tenant who refuses a rent increase covers what comes next.

ProprioSign asks for the date of the proposed change, shows the receipt window you must meet and warns you if you are outside it. It then shows, for each tenant, the date they confirmed receipt and their deadline to reply.

The tenant can also end the lease

Example: Luc wants to move out at the end of September. If he has not received a notice of modification from you, he can end the indeterminate-term lease with a written notice of termination, given within the same periods you must respect: between August 1 and August 31 (article 1946).

If he did receive a notice of modification, he can also reply within one month of receiving it that he is leaving. As soon as he gives you a notice of termination, he must allow visits of the dwelling and the posting of signs (article 1930).