Article 1941 C.c.Q.: Automatic Lease Renewal

A lessee entitled to maintain occupancy and having a lease with a fixed term is entitled by operation of law to its renewal at term. The lease is renewed at term on the same conditions and for the same term or, if the term of the initial lease exceeds 12 months, for a term of 12 months. The parties may, however, agree on a different renewal term.

Civil Code of Québec, art. 1941 C.c.Q.

What this article means

Article 1941 of the Civil Code of Québec sets out a cornerstone of residential renting in Quebec: your lease renews automatically. When a fixed-term lease reaches its end date, it renews on its own, with no paperwork required from the tenant. Unlike in other Canadian provinces, a Quebec lease does not simply expire when the term is up.

The lease renews on the same terms as before, including the same rent, unless the landlord has sent a notice of modification in line with article 1942. The renewal is normally for the same length as the original lease, with one exception: if the original lease was longer than 12 months, the renewal is only for 12 months. The parties can also agree on a different renewal term.

This right to renewal flows from the right to remain in the dwelling, a core protection for residential tenants in Quebec. Only a valid notice of modification, an authorized repossession of the dwelling, or an eviction permitted by law can break this cycle of renewal.

What it means for you

If you are a tenant

For a tenant, article 1941 is a major safeguard: you don't have to do anything to keep your home when the lease ends. Renewal happens automatically. Your landlord can't simply ask you to leave because the lease is "over." You stay in your home on the same terms, unless a valid notice of modification was sent within the deadlines set by article 1942.

If you do want to leave, it's up to you to send a notice that you won't be renewing, within the required deadlines (generally 3 to 6 months before the lease ends, depending on its length). If you don't send that notice, you're committed to another renewal period.

If you are a landlord

For a landlord, this article means the lease carries on automatically if no notice is sent. You cannot simply "not renew" a lease without a reason. To change any terms, including the rent, you must send a notice of modification within the legal deadlines set by article 1942.

If you want to take back the dwelling or evict the tenant, specific procedures apply (articles 1957 and following for repossession; 1959 for eviction). The fact that the lease is reaching its end date is not, on its own, enough of a reason to ask the tenant to leave.

Related articles

• Article 1942 C.c.Q.: Notice of Modification to the Lease
• Article 1945 C.c.Q.: Tenant's Deadline to Respond to a Notice of Modification
• Article 1947 C.c.Q.: Having the Rent Set by the Tribunal
• Article 1950 C.c.Q.: New Tenant: Right to Have the Rent Set
• Article 1953 C.c.Q.: Criteria for Setting the Rent
• Article 1955 C.c.Q.: New Building Under 5 Years Old: Clause F
• Article 1946 C.c.Q.: Tenant's Right to End the Lease When No Notice of Modification Was Received
• Article 1906 C.c.Q.: Rent Adjustment Clauses Without Effect
• Article 1938 C.c.Q.: Right to Stay for a Spouse, a Relative, or After a Death