Security deposits in Quebec: what a landlord can require

The rule: the first month, nothing more

In Québec, a security deposit is not allowed. A landlord can only require payment of the first term of rent in advance, and never more than one month's rent (art. 1904 of the Civil Code of Québec, C.C.Q.). The first term is the first instalment in the lease: unless agreed otherwise, rent is paid in equal instalments of no more than one month, on the first day of each term (art. 1903). For a monthly lease, you can ask for the first month when the lease is signed, and nothing else.

The mandatory lease form says so plainly: the landlord cannot require any other sum of money from the tenant, and it gives a key deposit as the example. A lease clause that breaks these rules has no effect.

Bill 31, in force since February 21, 2024, did not change art. 1904: key deposits were not legalized. It only raised the fines.

What's allowed and what isn't

The rule targets what the landlord requires. Postdated cheques a tenant freely agrees to provide are therefore still possible; the lease has a checkbox to record that agreement.

If a deposit was already collected

The tenant can claim reimbursement at the Tribunal administratif du logement (TAL), Québec's housing tribunal. Breaching art. 1904 is also a penal offence under section 113 of the Loi sur le Tribunal administratif du logement.

If you're holding a deposit, refunding it yourself spares the tenant a claim at the TAL.

Protecting yourself without a deposit

With no deposit to hold back, unpaid rent or damage is claimed at the TAL. Your best protection is a solid file and quick follow-up:

• Collect the first month at signing: it's the only advance allowed.
• Document the unit's condition at move-in: without an inspection report or photos, the tenant is presumed to have received the unit in good condition (art. 1890). Dated photos help you show damage caused during the lease.
• Act quickly on late rent: rent more than 3 weeks late lets you ask the TAL to terminate the lease. See unpaid rent: what a landlord can do.
• Offer postdated cheques, don't impose them: if the tenant agrees, tick the box on the lease.

For the rest of the lease, see the sections of the lease.

Common questions

Can a landlord ask for a security deposit in Quebec?

No. A landlord can only require the first term of rent in advance, at most one month, and no other sum (art. 1904 C.C.Q.).

Can I ask for first and last month's rent?

No. Only the first term can be required in advance; the last month is paid when it falls due.

Is a key deposit allowed?

No. The TAL and the mandatory lease form both give the key deposit as an example of a forbidden sum.

Can I require postdated cheques?

No, but the tenant can freely agree to provide them. The agreement is noted on the lease, in the box provided.

What's the fine for an illegal deposit?

Since February 21, 2024: $200 to $1,900 for an individual and $400 to $4,200 for a legal person, on top of the refund the tenant can obtain at the TAL.