Security Deposit and Key Money Rules in Quebec

Being asked to pay a security deposit or "key money" can feel confusing and alarming for tenants in Quebec. This guide explains what the law allows, what landlords commonly request, and practical steps renters can take to protect their rights. You will learn how to document requests, when payments are permitted (for example, rent in advance), and how to respond if a landlord wrongfully withholds money. The article also explains how to use the Tribunal administratif du logement and which official forms to file, with examples of what to say and when to act. If you're preparing to move in or already in a lease, these clear steps will help you avoid illegal payments and resolve disputes efficiently.

What Quebec law says about deposits and key money

In Quebec, landlords are not allowed to demand a security deposit or "key money" separate from rent; any wrongful demand can be challenged at the Tribunal administratif du logement.^[1]

The prohibition is based on provincial tenancy law and civil rules; when in doubt, tenants can consult the Tribunal administratif du logement and the Civil Code of Quebec for authoritative guidance.^[2]

What landlords can and cannot legally ask for

Landlords may request payment of the first month's rent (or rent in advance) as part of starting a lease, and they can lawfully charge for unpaid rent or proven damages after tenancy ends. They cannot, however, hold a separate deposit as security against damage or require a payment labeled "key money." If a landlord mixes terms or asks for unusual upfront amounts, document the request carefully and ask for a written explanation.

For more on common deposit practices and tenant protections, see Understanding Rental Deposits: What Tenants Need to Know.

What tenants should do when asked for a deposit or key money

• Document the landlord's request with photos, screenshots of messages, written notes and any receipts.
• Do not pay a separate "deposit" or key money; if you pay for any reason, get a dated receipt that explains exactly what the payment covers.
• Ask the landlord in writing to confirm the reason for the payment and the legal basis for it.
• Contact the Tribunal administratif du logement or a tenant advice service for a quick check before sending money.
• Keep copies of all rent receipts and records showing when payments were made and why.

If the landlord refuses to return money after the tenancy or insists on an illegal payment, you can apply to the Tribunal administratif du logement to request an order for repayment and any related damages; instructions and forms are available on the Tribunal website.^[3]

Resolving disputes and required official forms

To challenge an illegal deposit or to recover withheld money, tenants typically file an application with the Tribunal administratif du logement. The Tribunal provides official application forms and guidance on evidence, deadlines and hearings. A clear example: if a landlord retained an amount after you moved out claiming damage, file the application, attach photos, receipts and copy of the lease, and request a hearing date.

Common official documents you may use:

• Application to the Tribunal administratif du logement — use this to start a dispute about withheld money or illegal charges; include evidence and a clear statement of the amount requested.
• Supporting documents checklist (photos, receipts, lease) — assemble dated photos of the unit, receipts for payments and any written communications that show the landlord's request.

Practical example: if a landlord demanded a "key fee" at signing and later refused to return it, send a written request for repayment, keep copies, and file the Tribunal application listing the fee, attaching screenshots of the demand and the receipt.

For tenant-facing steps about recovering improperly withheld money after moving out, see How to Get Your Security Deposit Back with Interest When Moving Out.

FAQ

Can my landlord ask for a security deposit in Quebec?

No. Landlords in Quebec cannot require a security deposit or "key money" separate from rent; challenge such demands through the Tribunal administratif du logement.^[1]

What should I do if a landlord keeps money after I move out?

Document the condition of the unit, gather receipts and communications, then file an application with the Tribunal to request repayment and any compensation for wrongfully withheld funds.^[3]

Can a landlord request the first month's rent or a pet fee?

Yes, asking for the first month's rent in advance or charging reasonable, disclosed pet fees may be lawful; this differs from a prohibited security deposit or key money. Keep written records of any lawful fees.

How-To

1. Gather evidence: photos, screenshots, receipts and a copy of your lease to show the payment and the landlord's request.
2. Send a written request to the landlord asking for repayment and a full explanation, keeping a copy of the message.
3. If repayment is refused, calculate the amount and prepare a clear written claim for the Tribunal, listing damages or the refund requested.
4. File the official application with the Tribunal administratif du logement and attach all supporting documents.
5. Attend the scheduled hearing with originals of your evidence, speak clearly, and request a written decision you can enforce if needed.

Key Takeaways

• Security deposits and key money are not permitted in Quebec separate from rent.
• Document every request and keep receipts, messages and photos to support any future claim.
• If a landlord withholds money, use the Tribunal administratif du logement and its official forms to resolve the dispute.

Help and Support / Resources

• Tribunal administratif du logement (official site)
• Civil Code of Quebec (legisquebec)
• Government of Quebec - Renting a home

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1. [1] Tribunal administratif du logement (official information and forms)
2. [2] Civil Code of Quebec (legislation)
3. [3] Tribunal administratif du logement - Forms and filing instructions

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