Refusing a rent increase in Quebec

Every winter, landlords send their rent increase notices for leases ending on July 1. The tenant has only one month to respond, and silence counts as acceptance. This guide explains how to check the notice you received, your three options, what happens after a refusal, and the special case of dwellings where refusing means leaving. This is general legal information, not advice tailored to your situation.

Check the notice you received

A rent increase notice is a notice of modification of the lease. For a lease of 12 months or more, the landlord must give it at least three months, but not more than six months, before the end of the lease (art. 1942 C.C.Q.).

• Lease of 12 months or more: between 3 and 6 months before the end of the lease
• Lease of less than 12 months: between 1 and 2 months before the end of the lease
• Lease with no fixed term: between 1 and 2 months before the modification
• Lease of a room: between 10 and 20 days

The notice must also state the proposed new rent in dollars, or the increase in dollars or as a percentage of the current rent, and inform you of your rights and remedies under articles 1945 and 1947 (art. 1943 C.C.Q.). Like every notice relating to a lease, it must be in writing and in the language of the lease (art. 1898 C.C.Q.).

Your three options

• Accept: you do not need to do anything. Without a reply within the month, you are deemed to have accepted the renewal on the proposed conditions.
• Refuse and stay: you notify the landlord in writing, within one month of receiving the notice, that you refuse the modification. You stay in the dwelling.
• Leave: you notify the landlord, within the same month, that you are leaving the dwelling at the end of the lease.

The one-month period runs from when you receive the notice, not from the date it was sent. That is why the date your landlord receives your reply matters as much as what it says.

What happens after you refuse

After your refusal, the landlord may apply to the Tribunal administratif du logement within one month of receiving your notice, to have the rent fixed. If the landlord does not apply within that time, the lease is renewed by operation of law on the previous conditions (art. 1947 C.C.Q.), meaning at the former rent.

If the landlord does apply, the tribunal fixes the rent. You keep living in the dwelling in the meantime.

The exception: co-ops and new buildings

In some dwellings, the tribunal cannot fix the rent: those of a housing co-operative, and those in a newly built building or one recently converted to rental use, during the five years after the date the building is ready for its intended use (art. 1955 C.C.Q.). In both cases, the restriction applies to you only if the lease provides for it; for a new building, the lease must also state the maximum rent the landlord may impose during those five years.

In these dwellings, a tenant who refuses the proposed modification must leave the dwelling at the end of the lease (art. 1945 C.C.Q.). Check your lease before you reply.

Reply in writing, with proof of receipt

Fill in the notice of refusal below, in the language of your lease. You can copy it, download it, or send it by certified email for $14.99, with a timestamped proof of receipt that establishes the exact date your landlord received it.

One caveat: if you have never exchanged emails with your landlord, also send a copy by registered mail.

Frequently asked questions