Article 1900 C.c.Q.: Prohibited clauses in a residential lease

A clause which limits the liability of the lessor or exempts him from liability or renders the lessee liable for injury caused without his fault is without effect. A clause to modify the rights of a lessee by reason of an increase in the number of occupants, unless the size of the dwelling warrants it, or to limit the right of a lessee to purchase property or obtain services from such persons as he chooses, and on such terms and conditions as he sees fit, is also without effect.

Civil Code of Québec, art. 1900 C.c.Q.

What this article means

Article 1900 specifically prohibits three types of clauses in a residential lease: clauses that release the landlord from liability, clauses that change the tenant's rights based on the number of occupants, and clauses limiting the tenant's freedom to choose their own suppliers of goods and services. Any clause of this kind is of no effect, no matter how it's worded.

The liability-release clauses in question include the classics "the landlord is not responsible for damage caused by..." or "the tenant assumes all risks related to...". These clauses try to shift the risk of a landlord's failure onto the tenant: they are void. Only the tenant's own fault can trigger the tenant's own liability.

Clauses about the number of occupants have been a particular target for decades: a landlord cannot limit how many people live in a home or impose extra fees when a child is born, a partner moves in, or someone comes to live there. The only exception is when the home's actual dimensions justify a limit: and that limit then has to be shown objectively. Clauses on free choice of suppliers protect against attempts to force a tenant to use a particular service (for example, a cleaning company chosen by the landlord).

What it means for you

If you are a tenant

Check your lease: any clause that limits the landlord's liability or restricts your rights based on the number of occupants is void. You can host your partner, your children, your parents, or friends with no extra fees (subject to the usual overcrowding rules, assessed objectively).

If a landlord tries to enforce a void clause, refuse to pay and document the demand. If you already paid under pressure, you can claim it back before the TAL (Tribunal administratif du logement). Article 1900 also protects your right to choose your own insurance, your own internet provider, and so on.

If you are a landlord

Don't add prohibited clauses to your lease: they are of no effect and expose you to disputes. If you're legitimately concerned about the number of occupants for safety or capacity reasons, document the home's dimensions and the applicable municipal standards: that's the only valid basis for limiting occupancy.

For liability, protect yourself with a non-occupant landlord insurance policy rather than contractual clauses that don't work. Good insurance costs less than litigation and actually functions.

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