Tenants’ rights: What you need to know

Last updated February 16, 2024
Reading time: 1 min

Did you receive a notice of rent increase or evacuation for construction purposes from your landlord? Are you dealing with a health problem or an eviction or repossession notice? Find out what you need to know.

Your rights as a tenant

Regardless of the situation, make sure you always keep dated and signed proof of your discussions with your landlord.

Have you received a notice of a rent increase? You have one month to respond to your landlord in writing. There are three options available to you:   

  • Accept the increase and keep your dwelling.
  • Refuse the increase and find another dwelling.
  • Refuse the increase and stay in your dwelling. In this case, your owner can negotiate with you or ask the Tribunal administratif du logement (TAL) to set the rent. Your landlord has one month to complete this process. The current rent will be maintained until the Tribunal renders its decision. You have the right to remain in your dwelling, if you clearly state your decision to stay in writing in the notice of increase.

If you do not respond, the lease will automatically be renewed and the increase will be applied.

To find out more:
Tribunal administratif du logement
Éducaloi

To receive assistance or advice, please contact the Regroupement des comités logement et associations de locataires du Québec (RCLALQ) to find your local housing committee (514-521-7114).

Has your landlord asked you to temporarily vacate your dwelling so that work can be carried out? 
If you are asked to vacate your dwelling:

  • for more than a week, a notice must be sent to you at least three days in advance.
  • for less than a week, the notice must be sent to you 10 days in advance.

Two options are available to you:

  • Accept the request to vacate your dwelling. You can ask the TAL to modify one or more of the proposed conditions (e.g., the length of the period during which you are required to vacate your dwelling, the amount of the compensation, etc.).
  • Refuse the request to vacate your dwelling. Your owner must then demonstrate to the TAL that the request to have you vacate the dwelling is necessary and that the conditions are reasonable. 

Regardless of how long you are required to vacate your dwelling, you must be offered compensation for your stay in another apartment or a hotel (e.g., moving invoice, connection fees, etc.). Your landlord cannot use the work being done as grounds to increase the rent during a lease or to change its conditions. 

Once the work is done, your dwelling must be left in good condition and rent must remain unchanged. However, your landlord has the right to increase the rent when the lease comes up for renewal. 

For further information:
Tribunal administratif du logement

Éducaloi

To receive assistance or advice, please contact the Regroupement des comités logement et associations de locataires du Québec (RCLALQ) to find your local housing committee (514-521-7114).

If you receive, from your landlord, an eviction notice to subdivide, enlarge or change the use of your dwelling, keep in mind that you are allowed to contest the eviction.

Should you decide to contest it, you must file an application directly with the Tribunal administratif du logement (formerly the Régie du logement) in the month following the receipt of your notice.

If the Tribunal deems the eviction justified, you are entitled to compensation equivalent to three months’ rent and reasonable moving costs (e.g., truck rental, Internet connection fee) from your landlord. 

If the eviction is not deemed legally justifiable, the Tribunal will not authorize it and you can remain in your apartment.

If you do not contest the eviction through the Tribunal, you will be deemed to have accepted it and that you will leave your apartment while the construction or repair work is being performed.

What is illegal
It is illegal to evict a tenant to carry out renovation work. If you must temporarily leave your apartment for this reason, you are entitled to compensation to cover your expenses. The landlord is not permitted to raise your rent after you return to your dwelling. However, your rent can be increased the next time your lease is renewed.

To find out more and receive assistance, please contact:
The Regroupement des comités logement (RCLALQ) will help you find your local housing committee (514-521-7114)
The Tribunal administratif du logement (514-873-2245)
Éducaloi

If you receive a notice of repossession from your landlord so that they can live in your dwelling or have it occupied by a member of their immediate family or a person for whom the landlord is the main source of support, keep in mind that the landlord has a right to do so. The notice must clearly indicate the date of repossession as well as the last and first name of the person who will occupy the dwelling and their relationship with the owner.

Refusal to comply with the notice
You have the right to refuse the repossession of your dwelling. You have one month following the receipt of the notice to respond in writing to the landlord. If you refuse the repossession, the landlord has one month to open a file with the Tribunal administratif du logement (TAL). They will be required to prove that the repossession is compliant with the law. If the Tribunal approves the repossession, you can receive compensation from your landlord to pay for moving costs (e.g.,  truck rental, Internet connection).

People over 70 
Are you over 70, on a low income and have been occupying your home for 10 years or more?  You’re protected by law, and your landlord can’t evict you and repossess your home.   

Your landlord can, however, repossess your home in the following situations: 

  • If the tenant is 70 or older and wants to live in the dwelling 
  • If the future tenant is 70 or older 
  • If the landlord is 70 or older and wants to house a person under 70 in the dwelling (a caregiver or family member)

Dwelling in a building that is for sale
Is the building in which you live for sale? You have the right to stay in your dwelling. If your current landlord wishes to vacate the dwelling, they must come to an agreement with you. You are not obligated to agree.

If the new landlord wishes to repossess the dwelling, they must comply with the regulations of the Tribunal administratif du logement. It is not necessary to sign a new lease with the new owner.

To find out more or for assistance, please contact:

The Tribunal administratif du logement (514-873-2245)
Éducaloi

Are you being refused a lease because of your social status, because you have children, or for any other discriminatory reason? Only reasonable grounds, such as disturbing the peace of neighbours through acts of violence, ransacking your dwelling, or being unable to pay the rent, can be cited to justify a refusal to rent you a dwelling. If you feel you may have been discriminated against, you can file a complaint with the Commission des droits de la personne et de la jeunesse.

For more information:

Commission des droits de la personne et de la jeunesse

Éducaloi

For assistance, please contact the Regroupement des comités logement (RCLALQ) to find your local housing committee (514-521-7114).

Are you having sanitation issues with your dwelling, such as vermin, bedbugs, cockroaches or mould? Ask your landlord to address the issue immediately. If your landlord does not contact an exterminator within a few days’ time, call your borough at 311. The city has the authority to intervene to ensure decent living conditions. 

For more information about the city’s role with respect to the dwelling inspection, corrective action and evacuation.

Has your problem persisted? Report it to us.

For assistance, please contact the Regroupement des comités logement (RCLALQ) to find your local housing committee (514-521-7114).

Relations with your landlord

Before you do anything else, there is nothing better than a conversation with your landlord. However, if you have difficulty exercising your rights or if you have doubts before signing a document, you can contact these organizations, who can inform you of your rights and recourses and support any related steps that you may undertake:

Regroupement des comités logement et associations de locataires du Québec: 514-521-7114
Front d’action populaire en réaménagement urbain: 514-522-1010

Need help?

Are you experiencing difficulties due to a lack of understanding on your part, and are you at a loss for where to turn for help? The team at 211 Grand Montréal will be able to refer you to the proper resources, be it in relation to food, clothing, mental health, employment, immigration, homelessness, etc. Please contact 211. This service is offered in more than 200 languages.

Besoin d’aide?

Vous êtes aux prises avec des difficultés qui vous dépassent et ne savez pas à qui vous adresser? L’équipe du 211 Grand Montréal vous orientera vers les bonnes ressources : nourriture, vêtements, santé mentale, emploi, immigration, itinérance, etc. Composez le 211. Ce service est offert dans plus de 200 langues.