Lease non-renewal in Québec
In brief
To not renew your lease in Québec, you must give your landlord a written notice of non-renewal within the deadline set by the Civil Code (between 3 and 6 months before the end of a lease of 12 months or more) and send it in a way that lets you prove it was received. Without this notice, the lease is renewed automatically. Conversely, a landlord cannot simply refuse to renew the lease: the tenant has a right to remain in the dwelling.
In Québec, a residential lease does not end on its own at its term: it is renewed by right on the same conditions (article 1941 C.C.Q.). That is why “non-renewal” does not mean the same thing depending on whether you are the tenant or the landlord. This guide explains both situations, with the exact deadlines set by law.
Tenant: not renewing your lease
If you are a tenant and do not want to stay after your lease ends, you must tell the landlord: this is the notice of non-renewal. Article 1946 C.C.Q. provides that a tenant who has not received a notice of modification may avoid the renewal of a fixed-term lease by giving the landlord a notice of non-renewal, within the same deadlines the landlord must meet for a notice of modification. Without this notice within the deadline, the lease is renewed automatically for one year (or for the initial term if it is shorter than 12 months).
The deadline is counted backwards from the lease's end date, and it depends on the length of the lease. Here are the deadlines set by article 1942 C.C.Q., which also apply to the tenant's notice.
| Type of lease | Deadline before the end of the lease |
|---|---|
| Fixed-term lease of 12 months or more | Between 3 and 6 months before the term |
| Fixed-term lease of less than 12 months | Between 1 and 2 months before the term |
| Indeterminate-term lease | Between 1 and 2 months (notice of resiliation) |
| Lease of a room | Between 10 and 20 days before the term |
What the notice must contain
- The date it was written and your signature
- The address of the dwelling and the identification of the parties
- Your clear intention not to renew the lease (non-renewal)
- The lease end date on which you will leave the dwelling
The notice does not have to give a reason: the tenant need not explain why they are leaving. Once the notice is given within the deadline, the lease ends at its term and you must hand back the dwelling on that date. Be careful: giving the notice late is not enough: if the deadline has passed, the lease is already renewed and you remain bound for another term.
Landlord: can you refuse to renew?
As a rule, no. The tenant has a personal right to remain in the dwelling (article 1936 C.C.Q.) and is entitled to the renewal of the lease by right (article 1941 C.C.Q.). A landlord therefore cannot simply decide “not to renew” the lease because the term is approaching. At the end of the lease, if nothing is done, the lease is renewed automatically.
Your real levers are not non-renewal, but specific remedies set out by law, each with its own conditions and deadlines:
- Repossession of the dwelling: to house yourself or an eligible relative, subject to strict conditions and notice within the deadlines.
- Eviction: to subdivide, substantially enlarge or change the use of the dwelling, governed by law.
- Notice of modification: to change the rent or another condition on renewal, without ending the lease.
There are two narrow exceptions where the landlord may avoid the renewal (article 1944 C.C.Q.): when the tenant has sublet the dwelling for more than 12 months (the landlord then gives notice to the tenant and the subtenant, within the same deadlines as a modification) and when the tenant has died and no one was living with them, in which case the notice is given to the heir or the liquidator of the succession. Outside these cases, renewal cannot be refused.
How to send the notice
Whether you are a tenant or a landlord, the notice must be in writing and sent in a way that lets you prove it was received on time. If there is a dispute, what counts is the proof of receipt within the deadline. Three methods can establish it.
- Registered mail (Canada Post): about $15 to $25, 3 to 10 business days
- Bailiff (huissier de justice): about $75 to $150 or more, hand-delivered with a record of service
- Certified email (LCCJTI): instant sending, timestamped proof of receipt, the most economical option
With Locato, you fill in your notice, then send it by certified email for $14.99, with a timestamped proof report conforming to the LCCJTI: confirmation of sending, confirmation of delivery to the recipient's server and opening detection where possible. One nuance: the recipient must have consented to receiving communications by email: if you've never exchanged emails with them, double up with registered mail.
Frequently asked questions
How do I not renew my lease in Québec?
Give your landlord a written notice of non-renewal within the deadline set by law: between 3 and 6 months before the end of a lease of 12 months or more, and between 1 and 2 months for a shorter lease. Send it in a way that proves it was received. Without this notice, the lease is renewed automatically.
What is the deadline for a notice of non-renewal?
For a fixed-term lease of 12 months or more, the notice must be given at least 3 months, but no more than 6 months, before the end of the lease (article 1942 C.C.Q., applicable to the tenant through article 1946). For a lease shorter than 12 months or of indeterminate term, the deadline is 1 to 2 months. For the lease of a room, it is 10 to 20 days.
Can a landlord refuse to renew the lease?
No, apart from exceptions. The tenant is entitled to remain in the dwelling and to the renewal of the lease (articles 1936 and 1941 C.C.Q.). The landlord cannot simply refuse to renew; they must go through a repossession, an eviction on a ground provided by law, or a notice of modification. Two narrow cases are exceptions (subletting for more than 12 months, death of the tenant with no cohabitant), under article 1944 C.C.Q.
Does the notice of non-renewal have to give a reason?
No. A tenant who does not want to renew their lease does not have to explain why they are leaving. The notice must simply clearly express the intention not to renew and be given within the deadline.
What happens if I forget to send the notice on time?
If the deadline has passed, the lease is already renewed by right, generally for 12 months, on the same conditions. You then remain bound until the next term. That is why you should count the deadline from the lease's end date and send the notice early, with proof of receipt.
Can the landlord raise the rent instead of refusing to renew?
Yes. Rather than ending the lease, the landlord can send a notice of modification to propose a new rent or other conditions on renewal, within the same deadlines (article 1942 C.C.Q.). The tenant can then accept, refuse, or leave the dwelling. Refusing an increase does not end the lease: the TAL can set the rent.