Article 1974 C.c.Q.: Lease termination: disability, low-rental housing, or admission to a CHSLD

A lessee may resiliate the current lease if he or she is allocated a dwelling in low-rental housing or, because of a decision of the court, the lessee is relocated in an equivalent dwelling corresponding to his or her needs; the lessee may also resiliate the lease if he or she can no longer occupy the dwelling because of a handicap or, in the case of a senior, if he or she is permanently admitted to a residential and long-term care centre, to a facility operated by an intermediate resource, to a private seniors’ residence where the nursing care and personal assistance services required by his or her state of health are provided, or to any other lodging facility, regardless of its name, where such care and services are provided, whether or not the lessee already resides in such a place at the time of admission. The resiliation takes effect two months after a notice is sent to the lessor, or one month after the notice is sent if the lease is for an indeterminate term or a term of less than 12 months. However, the resiliation takes effect before the two-month or one-month period expires if the parties so agree or when the dwelling, having been vacated by the lessee, is re-leased by the lessor during that same period. The notice must be sent with an acknowledgement from the authority concerned and, in the case of a senior, with a certificate from an authorized person stating that the conditions requiring admission to the facility have been met. If part of the rent covers the cost of services of a personal nature provided to the lessee, the lessee is only required to pay that part of the rent that relates to the services which were provided before he or she vacated the dwelling. The same applies to the cost of such services if they are provided by the lessor under a contract separate from the lease.

Civil Code of Québec, art. 1974 C.c.Q.

What this article means

Article 1974 lets a tenant terminate a lease that is still running in several specific situations tied to their housing or care needs. The permitted grounds are: being allotted low-rental housing (HLM), being relocated by court order to an equivalent dwelling, being unable to occupy the dwelling because of a disability, and, for an elderly person, being admitted permanently to a residential and long-term care centre (CHSLD) or another facility that provides long-term care.

Lease termination takes effect two months after the notice is sent to the landlord, or one month if the lease is for an indeterminate term or a term of less than 12 months. The tenant has to provide proof of the ground being relied on: confirmation of an HLM allotment, the court order, a medical certificate for the disability, or proof of permanent admission to a CHSLD.

This article is separate from article 1974.1, which deals with lease termination in cases of spousal violence or sexual violence. The two provisions exist side by side to offer ways out of a lease suited to different situations of vulnerability.

What it means for you

If you are a tenant

If you are in one of the situations the article covers (an HLM has been allotted to you, a disability, admission to a CHSLD), you can terminate your lease with two months' notice (or one month for certain leases). Gather your supporting documents and send the notice in a way that proves it was received.

You remain responsible for the rent until the notice period ends. If someone close to you handles your affairs (a mandatary, tutor, or curator), they can send the notice on your behalf. Arrange your move and the transfer of your services before the notice period is over.

If you are a landlord

When a tenant gives you a notice of lease termination under article 1974 along with the supporting documents (HLM confirmation, proof of admission to a CHSLD, a disability certificate), you must accept the end of the lease within the notice period provided. You cannot require the tenant to pay rent through to the end of the original lease.

Be understanding, especially when an elderly person is involved, since the steps are often taken by a family member in a difficult moment. You have the notice period to find a new tenant.

Related articles

• Article 1972 C.c.Q.: Resiliation: Dwelling Unfit for Habitation
• Article 1974.1 C.c.Q.: Lease termination: sexual violence, spousal violence, or violence towards a child
• Article 1975 C.c.Q.: Termination for a tenant who leaves or abandons an unfit dwelling
• Article 1976 C.c.Q.: Termination of a lease accessory to an employment contract
• Article 1863 C.c.Q.: Lease termination for non-performance of obligations
• Article 1936 C.c.Q.: The right to remain in the dwelling