Article 1904 of the Civil Code of Quebec what landlords and tenants should understand

When people talk about security deposits, first month rent, post dated cheques, and payments requested at lease signing, it all comes back to one key rule in Quebec.

Section 1904 of the Civil Code of Quebec sets the ground rules on what a landlord may demand when a residential lease is signed.
Source https://www.legisquebec.gouv.qc.ca/en/version/cs/ccq-1991?code=se%3A1904

What section 1904 allows

The core concept is straightforward. A landlord may not demand instalments that exceed one month’s rent. The landlord may not demand rent in advance beyond the first payment period, and if that payment period is longer than a month, the landlord still may not demand more than one month in advance.
Source https://www.legisquebec.gouv.qc.ca/en/version/cs/ccq-1991?code=se%3A1904

In practical terms, the only amount a landlord can require at signing is the first rent payment period, usually one month.
Source https://www.quebec.ca/nouvelles/actualites/details/exiger-un-depot-de-garantie-est-illegal

What section 1904 prohibits

Section 1904 also says the landlord may not demand any amount of money other than rent, in the form of a deposit or otherwise. That is why a security deposit demanded as a condition of renting is not allowed in Quebec residential leasing.
Source https://www.legisquebec.gouv.qc.ca/en/version/cs/ccq-1991?code=se%3A1904
Source https://www.quebec.ca/nouvelles/actualites/details/exiger-un-depot-de-garantie-est-illegal

The TAL lease guide also states that it is illegal to require a deposit and that only the first month of rent can be requested at signing.
Source https://www.tal.gouv.qc.ca/sites/default/files/Guide_Bail_Fr.pdf

Another point that surprises many landlords. A landlord may not require payment to be made by post dated cheque or any other post dated instrument.
Source https://www.legisquebec.gouv.qc.ca/en/version/cs/ccq-1991?code=se%3A1904

The grey area when a tenant offers voluntarily

Section 1904 focuses on what a landlord may demand. That is why some landlord organizations explain that a deposit may exist if it is truly voluntary from the tenant, but it must never become a condition to be considered or selected.
Source https://www.corpiq.com/fr/nouvelles/1692-questions-reponses-sur-le-depot-de-garantie.html

A simple way to keep it clean is this. If the tenant cannot freely say no, it is not voluntary.

Why this rule matters in real life

This section protects tenants from high upfront costs, but it also protects landlords who want to operate professionally.

When landlords follow section 1904, they reduce disputes and reduce the risk of using clauses that have no effect. When landlords ignore it, they can create conflict and legal vulnerability.

For a practical explanation aimed at the public, the OACIQ summarizes how section 1904 impacts deposits in residential leasing.
Source https://www.oaciq.com/en/general-public/residential-leasing/the-legality-of-the-security-deposit-in-residential-leasing/

Takeaway

What you can require at signing
The first rent payment period, usually one month
Source https://www.legisquebec.gouv.qc.ca/en/version/cs/ccq-1991?code=se%3A1904

What you cannot require
A deposit or any amount other than rent
Post dated cheques or any other post dated instrument
Source https://www.legisquebec.gouv.qc.ca/en/version/cs/ccq-1991?code=se%3A1904