The 4 reasons a tenant can terminate a lease in Quebec
As a general rule, a tenant must respect the lease until its end. Quebec law provides a few specific exceptions where a tenant can terminate a lease during the term, as long as they send proper written notice and provide the required supporting documents.
Source https://www.tal.gouv.qc.ca/en/termination-of-a-lease
Source https://www.legisquebec.gouv.qc.ca/en/version/cs/CCQ-1991?code=se%3A1974
Here are the four main situations.
1. Allocation of a dwelling in low rental housing or relocation to an equivalent dwelling
A tenant may terminate the current lease if they are allocated a dwelling in low rental housing, or if by reason of a court decision they are relocated in an equivalent dwelling that meets their needs.
Source https://www.legisquebec.gouv.qc.ca/en/version/cs/CCQ-1991?code=se%3A1974
Source https://www.tal.gouv.qc.ca/en/resiliation-of-a-lease/allocation-of-a-dwelling-in-low-rental-housing
The notice must be accompanied by an attestation from the relevant authority confirming the allocation.
Timelines to remember
Lease of 12 months or more, termination takes effect 2 months after the notice is sent
Indeterminate term or less than 12 months, termination takes effect 1 month after the notice is sent
It can take effect earlier if the parties agree, or if the dwelling is re rented during that period.
Source https://www.tal.gouv.qc.ca/en/resiliation-of-a-lease/allocation-of-a-dwelling-in-low-rental-housing
Rent remains payable up to the effective termination date.
2. Inability to occupy the dwelling because of a handicap
A tenant may terminate the current lease if they can no longer occupy the dwelling because of a handicap.
Source https://www.legisquebec.gouv.qc.ca/en/version/cs/CCQ-1991?code=se%3A1974
Source https://www.tal.gouv.qc.ca/en/resiliation-of-a-lease/inability-to-occupy-the-dwelling-because-of-a-handicap
The notice must include an attestation from the appropriate authority, for example a medical certificate.
Timelines to remember
Lease of 12 months or more, 2 months after notice
Indeterminate term or less than 12 months, 1 month after notice
Earlier if agreed or if the dwelling is re rented during that period.
Source https://www.tal.gouv.qc.ca/en/resiliation-of-a-lease/inability-to-occupy-the-dwelling-because-of-a-handicap
Rent remains payable up to the effective date, and any personal services are only payable for services provided before the tenant leaves when such services exist.
3. Spousal violence, sexual violence, or violence towards a child
A tenant may terminate the lease if their safety or the safety of a child living with them is threatened because of spousal violence, sexual violence, or violence towards a child.
Source https://www.tal.gouv.qc.ca/en/resiliation-of-a-lease/spousal-violence-sexual-violence-or-violence-towards-a-child
Source https://www.legisquebec.gouv.qc.ca/en/version/cs/CCQ-1991?code=se%3A1974_1
Only the person who signed the lease can terminate it. Other occupants who did not sign can leave without formalities.
Timelines to remember
Lease of 12 months or more, 2 months after notice
Indeterminate term or less than 12 months, 1 month after notice
Earlier if agreed or if the dwelling is re rented during that period.
Source https://www.tal.gouv.qc.ca/en/resiliation-of-a-lease/spousal-violence-sexual-violence-or-violence-towards-a-child
Quebec government guidance explains the attestation process and available resources.
Source https://www.quebec.ca/en/housing-territory/renting/leases/terminate-lease-domestic-violence-sexual-assault
4. Elderly admitted permanently into a seniors residence or similar lodging offering care and assistance
A tenant, in the case of a senior, may terminate the current lease if they are permanently admitted to a facility such as a long term care centre, an intermediate resource, a private seniors residence offering required nursing care or personal assistance services, or another lodging facility offering such care and services.
Source https://www.legisquebec.gouv.qc.ca/en/version/cs/CCQ-1991?code=se%3A1974
Source https://www.tal.gouv.qc.ca/en/resiliation-of-a-lease/elderly-admitted-permanently-into-a-seniors-residence
The notice must include an attestation from the relevant authority and the required certification confirming admission conditions.
Timelines to remember
Lease of 12 months or more, 2 months after notice
Indeterminate term or less than 12 months, 1 month after notice
Earlier if agreed or if the dwelling is re rented during that period.
Source https://www.tal.gouv.qc.ca/en/resiliation-of-a-lease/elderly-admitted-permanently-into-a-seniors-residence
A simple process both tenants and landlords can follow
Written notice dated and signed
Required attestation attached
Correct 1 month or 2 month timeline applied
Rent paid up to the effective termination date
Earlier end possible if the dwelling is re rented sooner
For official notice templates, the TAL provides models and forms.
Source https://www.tal.gouv.qc.ca/en/forms-and-notices/find-a-notice-template