Article 1942 C.c.Q.: Notice of Modification to the Lease

At the renewal of the lease, the lessor may modify its conditions, particularly the term or the rent, but only if he gives notice of the modification to the lessee not less than three months nor more than six months before term. If the term of the lease is less than 12 months, the notice shall be given not less than one month nor more than two months before term. A lessor may not modify a lease with an indeterminate term unless he gives the lessee a notice of not less than one month nor more than two months. The notice is of not less than 10 days nor more than 20 days in the case of the lease of a room.

Civil Code of Québec, art. 1942 C.c.Q.

What this article means

Article 1942 governs how a landlord can change the lease when it renews, including a rent increase. The landlord has to send a written notice setting out the changes they want and the proposed new rent. The deadlines depend on the length of the lease: between 3 and 6 months before the current term ends for a fixed-term lease of 12 months or more.

For a one-year lease (the most common kind), the notice must be sent between 3 and 6 months before the end date. For a lease of less than 12 months, the window is 1 to 2 months. For a lease with no fixed end date, 1 to 2 months' notice is required. The notice must contain the required information and clearly state the proposed changes; the TAL's model form helps make sure nothing is missing.

A notice that doesn't comply (for example, sent outside the deadline, incomplete, or failing to tell the tenant about their rights under articles 1945 and 1947) has no legal effect. In that case the tenant is not bound by the proposed changes, and the lease renews on the existing terms.

What it means for you

If you are a tenant

When you receive a notice of modification, you are not required to accept it. You have one month to respond (article 1945). If the increase seems excessive, you can refuse it while making clear that you want to stay in your home. The landlord would then have to apply to the TAL (Tribunal administratif du logement) to have the rent set.

Be careful: if you don't respond at all within that one month, you are considered to have accepted all the changes, including the rent increase. So it's essential to reply in writing within the deadline.

If you are a landlord

The notice of modification is a formal document that has to meet precise requirements. It must be sent within the prescribed deadlines, clearly state the nature of each change and the proposed new rent, and inform the tenant of their rights under articles 1945 and 1947. Use the TAL (Tribunal administratif du logement) form to make sure it complies.

If the tenant refuses the changes, you have one month from receiving the refusal to file an application with the TAL to have the rent set (article 1947). If you don't, the lease renews on the old terms.

Related articles

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