6 Quebec lease clauses landlords add that don't actually work

These show up in homemade and copy-pasted leases all the time. None of them are enforceable under the Civil Code of Québec — even when both parties sign. We've cited the specific statute or regulation for each.

1. 1

   "Security or damage deposit"

   Quebec prohibits security deposits and damage deposits of any kind. The landlord may only require payment of the first instalment of rent in advance.

   C.c.Q. art. 1904

2. 2

   "Post-dated cheques required for the year"

   The landlord cannot require post-dated cheques or automatic debit. The tenant may pay by any reasonable method, one instalment at a time.

   C.c.Q. art. 1904

3. 3

   "Lease may not be assigned or sublet"

   A clause prohibiting assignment or subletting outright is contrary to the Civil Code. The landlord may refuse only for a serious reason, and must respond within 15 days.

   C.c.Q. art. 1870

4. 4

   "Tenant waives the right of renewal"

   The right to renewal is a matter of public order and cannot be waived in the lease. A clause stating the tenant will vacate at the end of the term is unenforceable.

   C.c.Q. arts. 1893, 1936

5. 5

   "This lease is on the landlord's own form"

   Quebec requires the use of the TAL's mandatory lease form. A lease on a private form is not invalid, but the mandatory form's clauses still apply, and the landlord may be required to provide a TAL form on the tenant's request.

   C.c.Q. art. 1895

6. 6

   "$50 penalty per day for late rent"

   Penalty clauses for late rent that are not reflective of actual damages are contrary to public order and the Code's prohibition on contracting out of tenant protections.

   C.c.Q. arts. 1900, 1623