Article 1946 C.c.Q.: Tenant's Right to End the Lease When No Notice of Modification Was Received

A lessee who has not received a notice of modification of the conditions of the lease from the lessor may avoid the renewal of a lease with a fixed term or terminate a lease with an indeterminate term by giving notice of non-renewal or resiliation of the lease to the lessor, within the same time as a lessor giving notice of modification.

Civil Code of Québec, art. 1946 C.c.Q.

What this article means

Article 1946 mirrors article 1942: it gives the tenant the right to take the initiative and end the lease when they haven't received a notice of modification from the landlord. In practical terms, if the landlord sends you no notice of increase or change at all, you can send your own notice that you won't be renewing (for a fixed-term lease), or a notice of termination (for a lease with no fixed end date).

The deadlines for this notice are the same ones the landlord has to meet for a notice of modification: between 3 and 6 months before the lease ends for a fixed-term lease of 12 months or more; between 1 and 2 months before the end for a lease of less than 12 months; between 1 and 2 months before the intended termination date for a lease with no fixed end date. A notice sent outside the deadline has no effect and the lease renews automatically.

This article matters because it keeps a tenant from being stuck in a lease they no longer want simply because the landlord did nothing. It also creates symmetry: the landlord has a window to change the lease, and the tenant has an equivalent window to end it. After those windows close, the lease renews automatically on the old terms.

What it means for you

If you are a tenant

If you want to leave your home when your lease ends, send a notice that you won't be renewing within the required deadlines (3 to 6 months before the end for a one-year lease). If you let that deadline pass, your lease renews automatically for another period and you stay bound by it.

Send your notice by a means that proves it was received: registered mail, hand delivery with a signature, or an email that meets the requirements of the LCCJTI. State clearly in the notice the lease end date on which you intend to leave, and keep a copy along with proof that it was sent.

If you are a landlord

When a tenant sends you a notice that they won't be renewing under article 1946, check that the deadline was met. If the notice was sent within the proper window, the lease ends on the stated date and you can start looking for a new tenant. If the notice is late, it has no effect and the lease renews automatically.

If you want to avoid this situation, send your own notice of modification (article 1942) within the deadlines: that requires the tenant to take a position within one month (article 1945) and helps avoid unexpected departures. Without a notice from you, the tenant keeps full freedom to leave.

Related articles

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