In Quebec, it is illegal for a landlord to require a security deposit when signing a lease. Even if you are an immigrant, you are protected by law. This is one of the most important protections for tenants and is enshrined in the Civil Code of Quebec.

The owner (or landlord) may only request an advance payment corresponding to the first rental period or, if this period exceeds one month, to the payment of more than one month's rent. Any other sum, whether a deposit, post-dated check or any other form of monetary guarantee, cannot be demanded. This provision is a public policy and was created to protect you, the tenant.

In this blog, you will find everything you need to know about the security deposit in Quebec. Exceptions, what to do in case of disputes and recommendations for tenants. Let's get started.

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What is a security deposit?

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A security deposit is a sum of money that a tenant gives to a landlord when signing a lease. This amount seeks to ensure that the tenant will comply with the terms of the agreement, such as paying rent on time and keeping the property in good condition.

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The only exception: voluntary deposit

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Landlords often try to circumvent this rule by indirectly requesting a deposit. However, the law is clear: a tenant may offer a security deposit on a completely voluntary basis. This could occur if you have a limited credit history and wish to secure the apartment. It is of great importance that this offer is clear and unambiguous, and that you do not feel obligated in the least by the landlord.

The courts have been emphatic: only a free and voluntary payment can be accepted without violating the law. 

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What to do in case of a dispute?

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Even if you have voluntarily given a deposit, the landlord cannot use it unilaterally. He does not have the right to appropriate it to compensate for alleged damages or unpaid rent. 

• Any claim must go through the Housing Administrative Tribunal (TAL). This agency is your main ally in determining whether the deposit was a genuine offer or a disguised demand.

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• A dispute at the Administrative Housing Tribunal (TAL) is a formal process that requires following a strict procedure, presenting evidence and sometimes arguing your case. If this situation arises, please note that you should familiarize yourself with the Quebec legal system in order to assert your rights. 

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• Your claim must be well documented and your case presented correctly. An error in the process could weaken your position and jeopardize the recovery of your money, even more so if you are new to the province and not yet fluent in French.

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• The law is clear: the landlord must obtain a judgment from the TAL before withholding any amount. This is a mechanism designed to ensure a balance and prevent you from being the victim of an abuse of power.

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Know your rights as a tenant

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The message is clear: your lease should never be conditioned on a security deposit. The only payment you should make in advance is the first month's rent. The deposit, if given, must be the result of a genuine and voluntary offer on your part, and can never be used to cover damages without a court order.

Knowing this empowers and protects you!

If you have found an apartment and want to make sure that your contract is fully valid under Quebec law, Immiland Law offers specialized services in real estate law.

Request an appointment here for an efficient and secure real estate transaction.

Visit our website Immiland Law Professional Corporation for our complete services.

The key to a successful process, whether for a rental contract or for your immigration project, is to stay informed through reliable platforms and seek specialized legal advice.

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Thanks for reading, see you in the next blog!

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With love,

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Immiland Law Professional Corporation