Co-tenants in Quebec: One Lease Notice for Each Tenant

Every tenant who signed the lease gets the notice

Example: the lease bears the names and signatures of Julie and Marc. They are co-tenants: two tenants who rent the same dwelling under the same lease. Each one must receive the notice, even though they live together.

The Tribunal administratif du logement (TAL) says that with several tenants on the lease, the landlord is well advised to send the notice to each one. Its official form (TAL-806A-E) states that the notice must be sent individually to each tenant concerned. Write Julie and Marc in the part of the form that says who the notice is for, then deliver a copy to each.

Who does not get a notice: the occupant

Example: Luc lives in the apartment and shares the expenses, but he did not sign the lease. In everyday terms, he is a roommate. Legally, he is an occupant: he lives in the dwelling without being a party to the lease, and he has no rights or obligations toward you under the lease. He does not get a notice.

Go by the signatures on the lease, not by the people who live in the unit. These people do not get a notice either:

• A child living with their parents, who are the tenants.
• A spouse or partner who did not sign the lease.
• A friend or relative staying in the unit.

One reply period for each co-tenant

Example: Julie confirms receipt of the notice on January 10. Marc, who was travelling, receives it by hand on January 24. Julie has until February 10 to refuse or announce she is leaving, Marc until February 24.

The one-month period in article 1945 runs for each tenant from their own date of receipt. If Marc never receives the notice, his period never starts: deliver it another way before the notice window closes (March 31 for a lease ending June 30).

Proof of receipt for each co-tenant

Example: you hand the notice to Julie, who promises to give it to Marc. You have proof for Julie, but none for Marc.

ProprioSign sends one notice and one personal link to each tenant who signed the lease, then records the date each one clicks “I confirm I received my notice”.

Deliver each notice to the address in the lease, or to the new address the tenant gave you (article 1898), and keep proof for each one:

• Registered mail: one envelope in each tenant's name, with its delivery confirmation.
• Hand delivery: one copy for each. The form's acknowledgment of receipt box has room for the date, name and signature of 2 tenants.
• Email: one email per tenant, with a confirmation of receipt from each.

One co-tenant leaves, the other stays

Example: on February 5, Marc replies that he is moving out on June 30, when the lease ends. Julie wants to stay. According to the TAL, each co-tenant has an individual right to end the lease for themselves, in principle at the end of the lease, and the other may want to stay alone.

For what comes next, such as the rent Julie will pay alone, check with the TAL or a lawyer, and put any agreement in writing. Also reread the lease to see how the rent is owed:

• By default, the obligation to pay rent is joint: each co-tenant pays their share.
• It is solidary only if the lease says so expressly: each one can then be required to pay the full rent.

The co-tenants give different answers

Example: Julie accepts the increase in writing on January 20, and Marc refuses it on February 15 and wants to stay. What happens to the renewal?

This can get complex, and the answer depends on the facts. Do not draw conclusions on your own: check with the TAL or a lawyer, and keep each tenant's written answer, with its date.

In the meantime, do not let the article 1947 deadline pass: one month from receiving a refusal to apply to the Tribunal. Example: refusal received February 15, application by March 15 at the latest.