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Security deposits in Quebec: is your landlord allowed?
Short answer
No. In Québec, article 1904 of the Civil Code prohibits the landlord from exacting any amount other than the rent, “in the form of a deposit or otherwise”: security deposit, key deposit, pet deposit, last month paid in advance. The landlord can only require the first month's rent in advance, and postdated cheques are also prohibited. If you have already paid a deposit the landlord required, you can claim reimbursement.
What the law says exactly
“The lessor may not exact any instalment in excess of one month's rent; he may not exact payment of rent in advance for more than the first payment period or, if that period exceeds one month, payment of more than one month's rent. Nor may he exact any amount of money other than the rent, in the form of a deposit or otherwise, or demand that payment be made by postdated cheque or any other postdated instrument.”
: Article 1904, Civil Code of Québec (LégisQuébec)
What the landlord cannot require
| Practice | Allowed in Québec? |
|---|---|
| Security deposit (for potential damage) | No: prohibited by art. 1904 C.C.Q. |
| Deposit for keys or a garage remote | No: it's an amount other than the rent. |
| Pet deposit | No: same principle. |
| First AND last month paid in advance | No: only the first month can be required in advance. |
| Mandatory postdated cheques | No: the landlord cannot require them. |
| First month's rent paid in advance | Yes: it's the only advance allowed. |
This rule is different from Ontario's and that of several other provinces, where a last-month deposit is common. That's why many landlords (especially small landlords) sincerely believe they have the right to ask for a deposit. In Québec, they don't, even if the tenant signed a clause to that effect: a clause contrary to article 1904 cannot be set up against you.
You've already paid a deposit: how to recover it
1. Gather your proof. Bank statement, Interac transfer, receipt, messages where the landlord requires the deposit, the lease clause.
2. Request reimbursement in writing. A clear request, with the amount and a reference to article 1904 C.C.Q., is sometimes enough to settle the matter.
3. Send a demand letter. If the landlord refuses or ignores your request, the demand letter is the formal step before recourse: demand reimbursement within a specific deadline (10 days is common). Sending it by certified email gives you timestamped proof of receipt. Our demand letter template for an illegal deposit already cites article 1904 C.C.Q.
4. File an application. Without reimbursement by the deadline, you can file an application with the Tribunal administratif du logement to recover the amount.
Is your demand letter ready? Send it by certified email with proof of receipt, for $14.99.
Frequently asked questions
Can a landlord require a security deposit in Québec?
No. Article 1904 of the Civil Code of Québec prohibits the lessor from exacting any amount of money other than the rent, in the form of a deposit or otherwise. This covers the security deposit, the key deposit, the pet deposit, and the last month paid in advance. Only the first month's rent may be required in advance.
I signed a lease with a deposit clause: am I bound by it?
No. A clause that contravenes article 1904 C.C.Q. cannot be set up against you, even if you signed it. You can claim reimbursement of the deposit paid.
How do I recover a security deposit already paid?
Gather your proof of payment, request reimbursement in writing, then send a demand letter with a specific deadline if the landlord refuses. Without reimbursement, you can file an application with the Tribunal administratif du logement to recover the amount.
Are postdated cheques legal in Québec?
The landlord cannot require them: article 1904 C.C.Q. prohibits demanding, for payment, the remittance of a postdated cheque or any other postdated instrument. Nothing stops you, however, from providing them voluntarily if that suits you.