Approximately 40% of Quebecers are tenants. From this number, some wish to terminate their lease to escape undesirable conditions, a negligent landlord, or simply to find something better.
But how do you get out of a valid lease in Quebec? This is a very good question, but it is not a simple one!
A residential lease is a contract that cannot be terminated at a snap of your fingers.
Both the tenant and the landlord are obliged to respect the lease until it expires, unless an exceptional situation arises that is provided for by law!
JuriGo is here to explain HOW to break a lease in Quebec so that you can move to a more suitable home.
Take the time to discuss your situation with a JuriGo partner lawyer who specializes in housing law.
Under what conditions can you terminate a residential lease?
In Quebec, a lease is a contract that the tenant and the landlord must respect. In principle, the parties are obliged to comply with the terms of the lease until it expires, which is why the law provides very few possibilities for terminating the lease.
However, in order to protect people in vulnerable situations, the law still provides for certain scenarios in which the unilateral termination of a lease can be obtained.
- Non-compliance by the landlord with his obligations
- A situation of conjugal or sexual violence
- Inability to live in the house or unit due to disability
- The granting of a low-cost housing unit
- An elderly person getting accepted permanently into a seniors’ residence
- Failure of the tenant to pay rent
Terminating a lease if the landlord does not perform his obligations
A landlord must do more than simply rent his or her space to a tenant - the law imposes strict obligations to protect the tenant and provide a safe and healthy place to live.
But what are the obligations of the landlord (owner) in the case of a residential lease?
- To give the tenant the peaceful enjoyment of the premises (not to disturb him constantly and without a valid reason).
- To deliver the dwelling in a good state of repair and livability
- Carry out the necessary repairs (except for small "minor" repairs).
- Respect the destination of the building (residential or commercial) and not change it.
What will you do if the landlord does not respect his obligations? Can you terminate the lease?
It is possible to terminate a lease when the owner of the building does not respect his obligations. That said, it must be a serious breach of the obligations set out by law. A "typical" example is the landlord who does not provide adequate heating or neglects to do important repairs.
In order to have the lease terminated, the landlord must have SERIOUSLY neglected his or her obligations!
If you are hoping that a simple disagreement between you and the landlord will justify a termination of the lease, you may be disappointed with the outcome. Be sure to talk to your landlord to rectify the situation before you ask for a termination of the lease.
Most importantly, you will need to go to the Administrative Housing Tribunal (Tribunal administratif du logement**)** to have the rental agreement terminated due to the landlord's negligence.
Is your landlord avoiding his responsibilities as a landlord? Talk to a lawyer to know more about your rights and options!
Terminating a lease due to domestic violence
The law also provides that a person in a situation of domestic violence is entitled to request the termination of a housing lease! This law also applies to same-sex couples.
Unlike the termination of a lease due to the landlord's shortcomings, termination for domestic violence does not require recourse to the Administrative Housing Tribunal.
How do I terminate a lease due to domestic violence in Quebec?
You do not have to file a complaint with the police for domestic violence to cancel a lease. However, you will need to obtain a certification using a form indicating that you wish to terminate your lease due to a situation of domestic or sexual violence.
This form must be sent to your landlord, along with a notice of termination. This notice will indicate when the lease will end, and you must ensure that you continue to pay the rent until that date. Otherwise, the landlord may take action against you.
Of course, this can be avoided if you and your landlord can come to an amicable agreement to terminate the lease by mutual consent. The procedure explained above will apply if your landlord turns a deaf ear or demands that the legal procedure be followed.
Are the rules the same for terminating a lease in Ontario?
To terminate a housing lease and move out, the tenant must give the landlord written notice or come to an agreement with the landlord for ending the lease.
The tenant must use the Tenant's Notice to Terminate the Tenancy (Form N9) which is available in any LTB office.
The notice must indicate the last day you plan to occupy the unit. If you don’t, the lease will continue.
If the lease has a fixed term such as one year, the tenant must give notice of a minimum of 60 days. The termination date cannot be before the last day of the term. Otherwise, the lease will continue.
The early termination of a lease is not allowed unless:
- The tenant and the landlord mutually agree;
- The tenant assigns the lease to another person;
- The tenant is a victim of domestic or sexual violence;
- You entered the lease agreement with the landlord on or before April 30, 2018,
- The landlord did not use the standard lease tenancy form and you asked the landlord in writing for the proper lease form
In Ontario, the Landlord and Tenant Board is responsible for regulating tenancy lease agreements.
Grounds for terminating a lease for personal reasons
In order to protect vulnerable persons, the Civil Code provides that certain situations will justify the termination of the lease for reasons of vulnerability or age!
Here are the exact situations that allow a tenant to terminate a lease for personal reasons:
- The tenant is an elderly person who plans to live in a seniors’ housing (e.g.: CHSLD).
- The tenant has been granted a unit in a low-cost building.
- The tenant has a disability that prevents him/her from continuing to live alone.
The law provides that a person who has been granted low-cost housing may terminate his or her housing lease without the consent of the landlord. However, while these specific reasons allow for the termination of the lease, there are specific steps that must be followed.
Steps to follow to terminate a lease for specific reasons!
Does any one of the situations mentioned above apply to you?
If so, the law allows you to terminate your lease, but you must still follow three simple steps!
1) Sending a written notice to the landlord of the building.
The written notice sent to the landlord must state your intention to leave the home, the time frame in which you plan to leave, and the reasons that justify the termination of the lease.
Of course, the reasons for termination must be provided for by law!
2) Documents proving special circumstances (age, illness, low-income housing).
Certain documents will need to be provided in support of your termination notice. This includes proof of residence in a nursing home, or proof of low-income housing.
3) Payment of the rent until the prescribed time.
Leaving the apartment legally does not excuse you from paying the rent. In fact, if you had a lease of less than 12 months or an open-ended lease, you will have to continue to pay the rent for a period of 1 month, whereas in any other situation, the period will be 2 months.
Is your landlord giving you a hard time even though you have grounds to terminate the lease? Consult JuriGo's partner lawyers who specialize in housing law - they can provide you good advice to help your case!
Is it possible to terminate a lease amicably?
Yes, it is! In fact, this is the scenario you should consider.
Even though the law is strict on lease termination, your landlord may be willing to negotiate a termination agreement with you. The only way to find out is to talk to your landlord before you take legal action.
How to terminate a lease with a landlord amicably
Nothing obliges your landlord to negotiate. However, if the landlord is willing to do so, make sure you write a clear lease termination agreement! This agreement should set out the conditions under which the landlord will let you leave, the required period of notice, and any information about the agreement.
A lease is a contract, and like any contract, it can only be terminated if both parties agree. Housing lawyers are used to negotiating on behalf of tenants. It is to your huge advantage to get their professional advice.
Reasons to consult a lawyer to terminate a lease
You are not required to consult a lawyer to terminate a lease in Quebec or Ontario. However, it is in your best interest to do so!
1) Your lawyer will verify if you have a valid and legitimate reason for leaving without the landlord's consent.
The law provides very specific scenarios for terminating a lease. It is not always easy to determine whether you meet the conditions for termination, and lawyers are here to help you make sense of it.
2) Your lawyer can also try to negotiate your departure with the landlord.
If you do not meet the legal requirements to terminate the lease, your lawyer can act as a negotiator to reach a mutual agreement.
3) In the event of a dispute, your lawyer can represent you before the Administrative Housing Tribunal.
This scenario is definitely one you will want to avoid, but be aware that if a dispute arises, your lawyer can represent your interests before the Housing Tribunal.
One consultation with your lawyer can give you the facts surrounding your case and inform you of your rights and chances of successfully terminating your lease.
It pays to consult a qualified housing lawyer before taking any steps with your landlord.
Consequences of leaving without terminating a lease
Are you thinking of packing up and leaving without notice?
This is a very bad idea, as you will be in a situation that could lead to your eviction. Such a move could get you into trouble.
Indeed, a tenant who gets evicted can be liable for damages. The landlord will need to reduce his losses by finding another tenant but he can still file a claim against you for a period of 3 years.
Before you move out, take the time to consider ALL of your options!
FAQs on leasing a house in Quebec
Renting a house raises many questions in Quebec. The topic can also be clouded by numerous untruths or half-truths.
JuriGo would like you to get the right information on these frequently asked questions about a residential lease.
If a roommate leaves unexpectedly, are you responsible for their share of the rent?
Yes. The landlord has the right to demand full payment of the rent from all tenants of the same unit. This means that if one of your roommates disappear, the landlord has the right to demand full payment of the rent. You can take legal action against your "roommate" to recover the money he or she owes you but you are still responsible to the landlord.
If you leave without paying the rent, how long can the landlord sue you?
The limitation period is 3 years! This means that within 3 years of your eviction from the premises, the landlord has the right to take legal action against you to recover the money you owe him.
What options do tenants have against a negligent landlord, other than terminating the lease?
If the landlord fails to comply with his obligations, the tenant can file a claim for damages as well as a request for a reduction of the rent.
Can a landlord terminate the lease of a tenant who fails to pay the rent?
Yes, as soon as a tenant's rent is more than 3 weeks late, the landlord has the right to request the termination of the lease. Furthermore, if the tenant frequently makes late payments and the landlord suffers damages as a result, the landlord will be justified in requesting the termination of the lease.
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Contact JuriGo to find a housing lawyer
Your place of residence is what you consider to be your home . We understand how important it is to you.
But nobody wants to be in a battle with his landlord. That is why you should turn to a lawyer who specializes in housing law to get the most realistic solution to your dilemma.
Whether your situation is one of assignment of lease, subletting, or termination, only a qualified housing lawyer will be able to bring it to a satisfactory conclusion.
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