I do not have a written lease do i have any rights?
Short answer
Yes. In Quebec, a verbal lease is a real lease and gives the same rights. The landlord must in fact give the tenant, within 10 days of the verbal lease being entered into, a mandatory writing setting out the terms.
In detail
A tenant with a verbal lease has the right to remain in the dwelling, the benefit of the rules on rent increases, the landlord's maintenance obligations and all the remedies before the Tribunal administratif du logement (TAL, Quebec's rental board).
The mandatory writing sets out the essential particulars, including the names of the parties, the address of the dwelling, the rent and the services included. For a written lease, the landlord must give the tenant a copy within 10 days of it being entered into.
Without a document, you have to be able to show that the lease exists and what it contains: hence the importance of proof of payment and of written exchanges.
What to document
Your proof of rent payments (transfers, cashed cheques, receipts), the messages in which the landlord confirms the amount or the services included, the date you moved in, and the names of any witnesses.
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.
Open the application Up to 3 files, no card · see the plans
Official sources
- TAL — Mandatory writing in the case of a verbal lease
- TAL — What is a lease?
- TAL — Understanding the lease and its scope (guide)
Related questions
- Do i have 10 days to cancel a lease i just signed?
- Can my landlord limit the number of people in my dwelling?
- How much does it cost to file an application with the tal?
- How do i file an application with the tribunal administratif du logement?
- I cannot attend my hearing at the tal what should i do?
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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.