Article 1904 C.c.Q.: No security deposit and no rent in advance

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.

Civil Code of Québec, art. 1904 C.c.Q.

What this article means

Article 1904 is one of the least known but most important protections for tenants in Québec: it forbids a landlord from demanding a security deposit, rent in advance (beyond the first month), or postdated cheques. These practices, common across most Canadian provinces and in other countries, are strictly illegal in Québec.

In concrete terms, a landlord can only require payment of the first month's rent when the lease is signed. No "security deposit," no "damage deposit," no monetary "guarantee." The landlord also can't require postdated cheques for the following months : each payment is made when it comes due, by the method the tenant chooses.

The only exception is the first month's rent, payable on signing or at the start of the lease. Any other sum demanded on top of the rent is illegal, and a tenant who has paid it can claim it back before the TAL (Tribunal administratif du logement) with interest.

What it means for you

If you are a tenant

If a landlord asks you for a security deposit, a month's rent in advance (on top of the first month), or postdated cheques, politely refuse and point to article 1904. If you've already paid such amounts, you can claim them back before the TAL (Tribunal administratif du logement): even years later, thanks to the three-year limitation period (article 2925).

Don't let market pressure force you into accepting something illegal: a landlord who demands a deposit is going against article 1904, and you can ask the TAL to order the amounts paid back. Document the exchanges (texts, emails) and keep proof of payment.

If you are a landlord

Never demand a security deposit, an extra month in advance, or postdated cheques. These demands are illegal and expose you to claims, damages, and a bad reputation. To protect yourself against damage or missed payments, use the legal tools available: tenant background checks, landlord insurance, and legal action for unpaid rent.

For special equipment (laundry, parking, storage), bill it separately as a service, not as a deposit. A clear structure is easier to defend and manage than a string of illegal demands.

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 1900 C.c.Q.: Prohibited clauses in a residential lease
• Article 1901 C.c.Q.: Abusive clauses in a residential lease
• Article 1911 C.c.Q.: The duty to keep the home clean
• Article 1912 C.c.Q.: Failures to Meet Safety and Sanitation Standards