Article 1950 C.c.Q.: New Tenant: Right to Have the Rent Set

A new lessee or a sublessee may apply to the court to have the rent fixed if his rent is higher than the lowest rent paid during the 12 months preceding the beginning of the lease or sublease, as the case may be, unless that rent has already been fixed by the court. He may apply only within 10 days after the lease or sublease has been entered into. If at the time the lease or sublease is entered into he has not received the notice from the lessor indicating the lowest rent paid in the preceding year, he may apply not later than two months after the beginning of the lease or sublease; where the lessor has given a notice containing a misrepresentation, the new lessee or sublessee may apply not later than two months after becoming aware of that fact.

Civil Code of Québec, art. 1950 C.c.Q.

What this article means

Article 1950 protects new tenants against sharp rent hikes between two leases. When a new tenant moves into a dwelling, they can ask the TAL (Tribunal administratif du logement) to set their rent if they find they're paying more than the lowest rent charged during the 12 months before their lease began.

The application has to be filed within 10 days of signing the lease, or within two months of the start of the lease if the landlord didn't hand over the notice stating the lowest rent from the previous year (Section G of the lease). If the landlord made a false statement in that notice, the two-month window runs from when the false statement is discovered.

This article rounds out the protection under article 1942 and limits workarounds where a landlord pushes out a tenant just to raise the rent with someone new. It's a powerful tool for keeping rents affordable.

What it means for you

If you are a tenant

When you sign a new lease, check Section G of the lease: it should state the rent the previous tenant paid. If the landlord refuses to fill it in or leaves it blank, you have two months to ask to have the rent set. If Section G is filled in but shows that your rent is higher than the previous year's, you have 10 days after signing to act.

Gather evidence: the previous lease if you can get access to it, past rental listings, statements from neighbours. Even a few dollars of increase can be worth contesting, because they add up year after year.

If you are a landlord

Always fill in Section G of the new lease with the exact rent the previous tenant paid over the prior 12 months. A false statement can lead to a retroactive rent adjustment and penalties. If you've made improvements that justify an increase, document them and be ready to defend them before the TAL (Tribunal administratif du logement).

Following article 1950 saves you from disputes and rent rollbacks. A moderate, justified increase holds up better over time than an aggressive hike that gets contested.

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 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