Why can't i contest a rent increase in a new building?
Short answer
In Quebec, when the dwelling is in a building built, or whose use was changed, 5 years ago or less, neither the tenant nor the landlord can ask the Tribunal administratif du logement (TAL, Quebec's rental board) to fix the rent. This is clause F of the lease.
In detail
Clause F of the lease form flags this restriction. During that 5-year period, the Tribunal administratif du logement (TAL, Quebec's rental board) cannot fix the rent or change another condition of the lease. A tenant who refuses the proposed increase must then leave the dwelling at the end of the lease.
For leases entered into after February 20, 2024 covering a building ready for habitation after that date, the landlord must also write into the lease the maximum rent that may be charged during the 5 years following the date the building became ready for habitation.
Even then, the tenant must reply to the notice of modification within the month following its receipt, stating whether they accept or will leave.
What to document
The date of clause F checked off on your lease, the date the building was built or its use changed if it is indicated, and the maximum rent written into the lease if there is one. Compare it each year to the increase being asked for.
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 — Modification of a condition of the lease
- TAL — Understanding the lease and its scope (guide)
- TAL — Notice to a new tenant (section G of the lease)
Related questions
- Can my landlord repossess my dwelling to live in it?
- How much notice is required for a repossession of a dwelling?
- I am 68 can my landlord make me leave?
- My landlord wants to evict me to enlarge or subdivide the dwelling is that allowed in 2026?
- How much money do i get if i am evicted from my dwelling?
See all the answers · the full guide collection · Lire en français
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.