Definition
The end of a lease before its term, ordered by the TAL or provided for by law, for example when a tenant is more than three weeks late paying the rent.
The most common cases
- Unpaid rent: if the tenant is more than three weeks late, you can ask the Tribunal administratif du logement (TAL) to terminate the lease and evict the tenant (art. 1971, Civil Code of Québec). Frequent late payments also justify it if they cause you serious harm.
- Assignment refused: if you refuse a lease assignment for a reason other than a serious one, the lease is terminated on the assignment date the tenant gave (art. 1978.2 C.C.Q.).
- Unsafe dwelling: a tenant may refuse to take possession of a dwelling that seriously threatens health or safety; the lease is then terminated by operation of law (arts. 1913 and 1914 C.C.Q.).
Termination (résiliation) ends a lease that is still running. It differs from non-renewal, which ends the lease on its end date.
What the landlord can't do
The tenant avoids termination by paying, before judgment, the rent owed plus costs and interest (art. 1883 C.C.Q.). After termination, the tenant remains liable for lost rent until the dwelling is re-let.
Even with a decision in hand, you can't change the locks without the tenant's consent (art. 1934 C.C.Q.), remove the tenant yourself or seize their belongings: a bailiff (huissier) enforces the decision, after at least 5 days' notice.
Learn more
Glossary terms
Official sources
General information, not legal advice
This page summarizes the rules in force in Québec on the update date shown, for information only. It does not replace advice from a lawyer, notary or accountant, nor the official texts: when in doubt, rely on the sources above and on the Tribunal administratif du logement.