Can my landlord ask for a security deposit?
Short answer
No. In Quebec, it is illegal to require any sum of money other than the rent, whether it is a security deposit, a deposit for the keys, for furniture or for damage.
In detail
The Civil Code of Quebec prohibits a landlord from requiring any sum beyond the rent. No single rent payment may cover more than one month. A landlord may therefore ask for the first month's rent, but not a “last month” in advance and not a deposit.
This rule is of public order: a clause of the lease providing for a deposit has no effect. A tenant who has paid such an amount may ask to be reimbursed.
Nor may a landlord require postdated cheques as a condition of entering into the lease. The parties may, however, freely agree on such a method of payment if it is a genuine agreement.
What to document
The exact amount asked for, the date, the method of payment and the receipt if there is one. Also keep the messages (texts, emails, the listing) in which the sum is demanded: that is often the best evidence.
Put your facts in writing, free. Writing your version down early, keeping your documents dated and preparing your questions for a lawyer: the tool is there to document, never to advise.
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Official sources
- Gouvernement du Québec — Requiring a security deposit is illegal
- TAL — Payment of rent
- TAL — Understanding the lease and its scope (guide)
Related questions
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What this page is not
This is general legal information about the law of Quebec and Canada, dated and sourced. It is not legal advice, not a strategy, and not a prediction about the outcome of a case. In Quebec, only lawyers and notaries may give legal advice (Act respecting the Barreau du Québec, ss. 128 and 133). Laws and amounts change: the official source always prevails over us.