Legal Limits on Landlord Charges Before Move-In: Quebec Guide

Moving into a rental home in Quebec brings up important questions about what a landlord can legally ask you to pay before you move in. Quebec law is clear about upfront charges like deposits, advance rent, and non-refundable fees. Understanding these rules helps you protect your rights and avoid unexpected costs as a tenant.

What Landlords Can (and Cannot) Charge Before Move-In

Quebec has some of the strongest renter protections in Canada when it comes to pre-move-in charges. The Residential Tenancies Act (the "Civil Code of Quebec") prohibits most types of pre-lease fees or deposits beyond the first month's rent.

• First month’s rent: Landlords can require you to pay the first month’s rent in advance before you move in.
• Key deposit: A landlord can ask for a key deposit, but only if it is refundable and the amount is reasonable. This deposit must be returned when you return the keys at the end of your lease.
• Security/damage deposit: Security or damage deposits are not allowed in Quebec. It is illegal for the landlord to request one.
• Non-refundable cleaning or administrative fees: Charging these fees before you move in is not permitted.

For more details on common deposit rules, see Understanding Rental Deposits: What Tenants Need to Know.

The Role of the Tribunal administratif du logement

Quebec’s rental disputes and tenant protections are overseen by the Tribunal administratif du logement (TAL). You can contact the TAL if you believe you're being charged an illegal fee or your landlord refuses to return a refundable deposit.

Official Forms and What to Use

There are no special government forms in Quebec for paying a deposit or advance rent, as these are either not permitted or limited by law. However, if you need to make a complaint or require a hearing about an illegal charge, you can use the following form:

• Application to the Tribunal administratif du logement: This form is used to resolve disputes with your landlord, including illegal requests for deposits or advance payments.
  How to use: Complete the application if your landlord asks for an illegal deposit or refuses to return a refundable key deposit. Attach any proof (messages, receipts, lease) and submit via the TAL’s online platform or at their offices.
  Find the application form and instructions here.

What to Expect During Lease Signing

When signing your lease, review all terms and amounts carefully. By law, the landlord must not require you to pay more than the first month’s rent and a refundable key deposit (if necessary). Any requests for additional money up front are not allowed, so you have the right to refuse.

After signing, check out the What Tenants Need to Know After Signing the Rental Agreement guide for next steps and tips.

Important Tenant Tips Before Moving In

• Always request a dated and signed receipt for any money paid to your landlord.
• Never feel pressured to pay a damage, cleaning, or “deposit to hold” fee – these are unlawful in Quebec.
• If you’re asked for an illegal fee, politely refer to the law and, if needed, mention the rules set by the TAL.

Quebec Rental Legislation: Your Rights at a Glance

Quebec’s Civil Code of Quebec protects tenants by:

• Banning security/damage deposits
• Requiring landlords to give rent receipts on request
• Limiting upfront charges to first month’s rent and a refundable key deposit

For a full overview of your legal rights in this province, see Tenant Rights and Landlord Rights in Quebec.

For those seeking housing, Find rental homes across Canada on Houseme and start your search with confidence.

Frequently Asked Questions: Tenant Charges Before Move-In in Quebec

1. Can my landlord ask for a security or damage deposit before I move in?
   No. Quebec law prohibits security or damage deposits. You are only required to pay your first month’s rent (plus possibly a refundable key deposit).
2. Is a key deposit legal in Quebec?
   Yes, as long as it is refundable and the amount is reasonable. It must be returned when you hand back the key at the end of your lease.
3. Are non-refundable cleaning or administration fees allowed before move-in?
   No. Any non-refundable pre-move-in fees are not permitted under Quebec law.
4. What should I do if my landlord asks for an illegal deposit?
   You can refuse, and if they insist, contact the Tribunal administratif du logement for support or file a complaint.
5. Where can I see all my rights and obligations as a tenant?
   See Tenant Rights and Landlord Rights in Quebec for a full summary of protections and rules in the province.

Conclusion: Key Takeaways for Quebec Tenants

• Quebec landlords can only require first month’s rent (and possibly a refundable key deposit) before move-in.
• It's illegal for them to ask for security, pet, or cleaning deposits.
• Tenants should consult the TAL if faced with unlawful charges or disputes.

By knowing your rights around landlord charges, you can start your new lease with peace of mind.

Need Help? Resources for Tenants

• Tribunal administratif du logement (TAL): Information, complaint forms, and support for rental law issues.
• Éducaloi – Tenant Rights in Quebec: Legal info in plain language.
• RCLALQ: Quebec’s main tenant rights organization.

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1. Tribunal administratif du logement (TAL)
2. Civil Code of Quebec (Book Five - Lease of things), relevant tenancy provisions
3. TAL official forms for tenant applications and disputes

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