Housing Law
Laurent Laforce-Tarabay · May 20, 2026 · 5 min read
The lease is the contract that binds the tenant and the landlord. In exchange for paying rent, it guarantees the tenant occupancy of the dwelling and peaceful enjoyment of the premises. The landlord, in turn, undertakes to provide a dwelling in good condition. Among the tenant’s rights is the right to remain in the premises, which can be set aside under certain exceptions.
Who benefits from the right to remain in the premises?
Under article 1936 of the Civil Code of Québec, any tenant of a residential dwelling has the right to remain there and to renew their lease at the end of the term, as long as they meet their obligations.
Note that a subtenant does not benefit from this right. Only the tenant named in the lease remains protected. Other people may also benefit from this protection in specific cases defined in articles 1938 and 1939 of the Civil Code of Québec.
The lease renews automatically, unless the tenant decides to terminate it within the prescribed deadlines.
How does lease renewal work?
Lease renewal is automatic. It renews under the same conditions if no change is communicated by its expiry.
A landlord who wishes to modify the terms of the lease must notify the tenant in writing, specifying the intended changes (rent increase, new rules, etc.). Deadlines vary depending on the lease term:
| Lease term | Required notice period |
|---|---|
| 12 months or more | Between 3 and 6 months before expiry |
| Less than 12 months | Between 1 and 2 months before expiry |
| Room lease | Between 10 and 20 days |
Can a tenant choose to leave unilaterally?
Yes. A tenant may vacate without penalty if the dwelling is determined to be unfit for habitation. The right to remain in the premises is not an obligation, but a right. However, a tenant wishing to leave their dwelling before the end of the term will have to pay rent until the landlord finds a replacement tenant, if they have no valid reason. This could represent one, two, or even three months of rent, depending on the situation. It is possible to reach an agreement with the landlord to avoid the matter going to litigation. Subletting or assignment of the lease is also an option in such a situation.
How can a landlord terminate the lease?
As established from the outset, the right to remain in the premises is not unshakeable. It will yield to the landlord’s right to enjoy their property if an exceptional situation arises.
Termination of the lease
A landlord may terminate the lease by asking the TAL to rule on an application for non-payment of rent or because the dwelling has become unfit for habitation. Termination ordered under an administrative judge’s decision will be granted without regard to the right to remain in the premises.
Major renovations
When a landlord plans to subdivide, demolish, substantially enlarge a dwelling, or change its intended use, they may terminate the lease. However, since June 6, 2024, a 3-year moratorium temporarily suspends the exercise of this right.
Repossession of the dwelling
A landlord may legally repossess their dwelling to occupy it themselves or to house a relative. The following are considered relatives:
- Their parents or children;
- Any family member for whom they are the principal caregiver;
- Their former spouse whom they principally support following legal separation, divorce, or dissolution of a civil union.
A landlord must act within the required deadlines to present the repossession notice and to file the case with the TAL. To make sure this is respected, contact the lawyers at LT Légal.
Can a landlord terminate the lease by selling the building?
The sale of a building does not affect the tenant’s right to remain in the premises. The new landlord is bound by the leases in effect. They can only require the tenant to leave in the same situations the previous landlord could. Outside these cases, a landlord may offer financial compensation to the tenant in exchange for voluntarily giving up this right — but the tenant remains entirely free to accept or refuse.
If you don’t know what a fair price would be in this situation, contact the lawyers at LT Légal, who have expertise in housing law. They can help you with your case.
Conclusion
Navigating the world of leases can be complex. It is essential to understand your rights as a tenant or landlord. Whether you are facing a lease renewal, a termination, or a sale, it is crucial to be well informed.
We encourage you to consult a specialized lawyer to help you make informed decisions. This can save you future complications and ensure your rights are respected.
Remember that every situation is unique. Take the time to assess your situation and act accordingly.
This blog post is provided for general informational purposes only and does not constitute legal advice. Every situation is unique — consult a legal professional for advice tailored to your case.
Repossession of a Dwelling
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