Definition
Money paid up front to secure a lease: in Québec, a landlord can't require any, key deposits included; only the first month's rent may be paid in advance.
What the law says
A landlord can require advance payment of the first rent instalment only, and never more than one month's rent (art. 1904, Civil Code of Québec). No other sum can be required: no security deposit, damage deposit, key deposit or last month's rent. The mandatory lease form says so explicitly.
Nor can the landlord require postdated cheques, although the parties can freely agree to them (the lease has a box for it). Any clause that breaks these rules has no effect.
Penalties
The tenant can ask the Tribunal administratif du logement (TAL) to order reimbursement of any amount collected illegally. Requiring a deposit is also a penal offence (s. 113 of the Act respecting the Tribunal administratif du logement). Since February 21, 2024 (Bill 31), fines range from $200 to $1,900 for an individual and from $400 to $4,200 for a legal person such as a corporation.
Bill 31 did not change art. 1904: key deposits are still not allowed, only the fines went up. To protect yourself, rely instead on careful tenant screening and a documented move-in inspection.
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.