Article 1893 C.c.Q.: Clauses that stray from the tenant's rights are of no effect

A clause in a lease of a dwelling which is inconsistent with the provisions of this section, the second paragraph of article 1854 or articles 1856 to 1858, 1860 to 1863, 1865, 1866, 1868 to 1872, 1875, 1876 and 1883 is without effect.

Civil Code of Québec, art. 1893 C.c.Q.

What this article means

Article 1893 is one of the pillars of residential tenancy law in Québec: it makes of no effect any clause in a lease that tries to stray from the fundamental legal protections given to tenants. The list of protected articles covers almost the entire regime of obligations, recourse, repairs, subletting, and non-payment : in other words, nearly everything that matters to a tenant.

In practice: if a lease contains a clause that claims to limit your rights on one of these subjects (say, a clause saying the landlord isn't responsible for repairs, or one barring you from assigning your lease), that clause is simply ignored by the TAL (Tribunal administratif du logement). You don't have to have it struck down : it never had any legal effect. The lease keeps applying as if the clause didn't exist.

This protection is a matter of public order: it can't be set aside by any agreement between the parties, even if the tenant signed knowing full well what it said. The legislator wanted to protect the tenant from their own signature, recognizing the imbalance of power between landlords and tenants in the housing market.

What it means for you

If you are a tenant

Don't be intimidated by an abusive clause in your lease. If it deals with one of the subjects protected by article 1893, it is of no effect: you have no obligation to follow it. Clauses that are typically void include: "the tenant accepts the home as is," "the landlord is not responsible for repairs," "subletting is absolutely prohibited," and "a penalty of X months for leaving early."

When in doubt, consult a tenants' rights group. If the landlord tries to force you to follow a void clause, file an application with the TAL: the nullity will be confirmed, and you may even obtain damages.

If you are a landlord

Use the official lease form from the TAL (Tribunal administratif du logement) rather than a homemade lease. Any additional clauses added to the lease must respect the rules of public order: adding a clause that limits the tenant's rights is pointless (it will be ignored) and can make you look like you're acting in bad faith before the TAL.

If you have legitimate concerns (for example, a no-pets rule in a building set up for people with allergies), discuss them with the tenant and document the agreement. Some clauses are negotiable and valid when the building's circumstances justify them.

Related articles

• Article 1860 C.c.Q.: Duty Not to Disturb Other Tenants
• Article 1910 C.c.Q.: Dwelling in Good Habitable Condition
• Article 1854 C.c.Q.: The landlord's core obligations
• Article 1864 C.c.Q.: The landlord's duty to make necessary repairs
• Article 1868 C.c.Q.: Urgent and necessary repairs made by the tenant
• Article 1913 C.c.Q.: A home unfit for habitation
• Article 1902 C.c.Q.: Harassment in housing
• Article 1931 C.c.Q.: The landlord's access to the home
• Article 1869 C.c.Q.: Reimbursement for urgent repairs made by the tenant
• Article 1900 C.c.Q.: Prohibited clauses in a residential lease
• Article 1901 C.c.Q.: Abusive clauses in a residential lease
• Article 1904 C.c.Q.: No security deposit and no rent in advance
• Article 1911 C.c.Q.: The duty to keep the home clean
• Article 1912 C.c.Q.: Failures to Meet Safety and Sanitation Standards