Tenant Moving Out at the End of a Quebec Lease: Notice and Deadlines

Case 1: The tenant answers your notice that they are leaving

Example: you send Luc a notice raising his rent from $1,000 to $1,040. He receives it on January 15. On February 3, he answers in writing that he will not renew his lease and will move out of the unit. He will leave when the lease ends, on June 30.

A tenant who receives a notice of modification has one month from receipt to tell you that they refuse or that they are leaving (article 1945 of the Civil Code of Québec). So Luc had until February 15. Without a reply within that month, he would be deemed to have accepted the renewal on the new conditions.

Keep his written answer with your copy of the notice and the proof of receipt. With ProprioSign, the tenant picks their answer online and signs it. An answer saying they are leaving is recorded with its signature and date.

Case 2: You send no notice, but the tenant wants to leave

Example: you are not changing anything in Marc's lease, which ends June 30, so you send him no notice. If Marc wants to leave, it is up to him to send you a notice of non-renewal, which you must receive between January 1 and March 31.

A tenant who did not receive a notice of modification must follow the same deadlines as the landlord (article 1946). Their notice must be in writing. The Tribunal administratif du logement (TAL) publishes a template for it: the notice of non-renewal of the lease, TAL-807A-E. Deadlines by type of lease:

• 12 months or more: between 3 and 6 months before the lease ends.
• Less than 12 months: between 1 and 2 months before the lease ends.
• Indeterminate term: a notice of termination, with the same 1 to 2 months.
• Room: between 10 and 20 days before the lease ends.

Nobody sends anything: the lease renews on its own

Example: a one-year lease ending June 30. Neither you nor the tenant sends a notice. When it ends, the lease renews for 12 months, at the same rent and on the same conditions (article 1941).

The lease renews for the same term, or for 12 months if the original term was longer than 12 months. If a tenant mentions moving, ask them for a written notice: notices about the lease must be in writing, and on time.

Visits and signs: what you can do

Example: Luc's answer reaches you on February 3. From that day, he must allow visits of the unit and the posting of signs (article 1930). You can put up a For Rent sign and start showing the unit.

Visits still have rules:

• Except in an emergency, give the tenant 24 hours' notice to check the condition of the unit, do work in it, or show it to a prospective buyer (article 1931).
• Except in an emergency, the tenant may refuse a visit before 9 a.m. or after 9 p.m. (article 1932).
• They may always refuse the visit if you cannot be there.
• For visits by prospective tenants, also tell your tenant ahead of time and agree on a schedule.

Co-tenants: one can leave while the other stays

Example: Julie and Marc both signed the lease. Julie answers your notice that she is leaving, and Marc wants to stay. That is possible: 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 on alone.

Handle each answer separately. Only the tenants who signed the lease answer the notice: an occupant, such as a friend staying in the unit, is not a party to the lease. For what comes next with Marc alone, check with the TAL or a lawyer.