Several reports circulated in the media, reporting that homeowners may require a security deposit from tenants at the signing of the lease. The Régie du logement insisted that this is illegal.
The Civil Code of Quebec provides that a landlord cannot charge an amount other than the rent. This means that he cannot demand a security deposit from the tenant in exchange for the keys to the apartment or as a “guarantee” against possible damages, for example.
The landlord can, however, request that the first month’s rent be prepaid.
Freely, legal
Several court decisions have determined that a security deposit can be paid freely and voluntarily by a tenant.
However, such a practice is not valid if the circumstances prove that the tenant was acting, for example, in fear of not obtaining the accommodation if he did not pay a deposit. Its approach must be clearly free and voluntary. There can be no form of owner requirement.
Other prohibited practices
While mandatory security deposit is illegal, other practices are as well. Thus, an owner cannot, in particular:
- Require a payment greater than a month’s rent
- Require advance payment of rents, except for the first month which may be required when signing the lease
- Require payments by post-dated checks
- Increase the rent during the lease
- Require full payment of lease rents if the tenant forgets to make payment on time
♦ In the event of a conflict with an owner, you can file a request with the Régie du logement, which will become the Administrative Court of Housing on August 31.
