Article 1945 C.c.Q.: Tenant's Deadline to Respond to a Notice of Modification

A lessee who objects to the modification proposed by the lessor is bound to notify the lessor, within one month after receiving the notice of modification of the lease, that he objects or that he is vacating the dwelling; otherwise, he is deemed to have agreed to the renewal of the lease on the conditions proposed by the lessor. In the case of a lease of a dwelling described in article 1955, however, the lessee shall vacate the dwelling upon termination of the lease if he objects to the proposed modification.

Civil Code of Québec, art. 1945 C.c.Q.

What this article means

Article 1945 gives the tenant a strict one-month deadline to respond to a notice of modification. The clock starts when the notice is received. The response can take three forms: accept the changes, refuse them while staying in the home, or give notice of the intention to leave at the end of the lease.

The most important consequence of this article is that silence counts as acceptance. If the tenant doesn't respond within the one month, they are considered to have accepted all the changes the landlord proposed: including the renewal of the lease on the new terms. That presumption is hard to reverse later on.

Ideally, the response should be in writing, with proof that it was sent (registered mail, email with a read receipt, or hand delivery with a witness). If there's a dispute, it's up to the tenant to show that they responded in time.

What it means for you

If you are a tenant

This one-month deadline is a common trap. Many tenants lose their right to contest an increase simply because they didn't respond in time. As soon as you receive a notice of modification, note the date and work out your deadline to reply.

You can refuse the increase while still wanting to stay in your home. If so, state clearly in your reply that you refuse the change but wish to keep your lease. The landlord would then have to ask the TAL (Tribunal administratif du logement) to set the rent. If the TAL sets an amount lower than what the landlord asked for, it's the TAL's amount that applies.

If you are a landlord

The one-month deadline works in your favour if the tenant fails to respond. That said, you need to be sure your notice was actually received and that it complies, because an invalid notice doesn't start the clock. Keep proof that it was sent.

If the tenant refuses the change, you then have one month to apply to the TAL (Tribunal administratif du logement) (article 1947). Don't let that deadline slip by, or the lease renews on the old terms.

Related articles

• Article 1941 C.c.Q.: Automatic Lease Renewal
• Article 1942 C.c.Q.: Notice of Modification to the Lease
• 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