Quebec has some of the most tenant-friendly laws in North America. Under Article 1904 of the Civil Code, your landlord had absolutely no right to take a security deposit — and you can get every cent back.
Unlike other provinces where security deposits are legal but regulated, Quebec completely bans them. It doesn't matter what your lease says. It doesn't matter if the landlord calls it a "damage fee," "cleaning deposit," or "pet deposit." Any money collected beyond the first month's rent is illegal — and recoverable.
A lessor may not require any amount of money from the lessee, other than the rent provided for in the lease. A clause in a lease requiring such a payment is null. The lessor must reimburse to the lessee any amount paid contrary to this article, with interest from the date of payment.
Article 1904 doesn't just say deposits are illegal — it says your landlord must return the money with interest from the date you paid it. The longer they've held your money, the more they owe you. A demand letter citing this article typically resolves the dispute quickly.
Cites Article 1904 of the Civil Code of Québec and demands return of the full amount — including interest from the date of payment.
Email is best for a timestamp. Send a copy by registered mail if the amount is significant. Keep everything.
Most landlords return the money quickly once they realize the law is unambiguous and you know it.
The Tribunal administratif du logement (TAL) handles Quebec tenant disputes. Filing is free for most cases. You can file online at tal.gouv.qc.ca.
No. A lease clause cannot override the Civil Code of Québec. Article 1904 explicitly states that any clause requiring a payment beyond rent is null and void. The non-refundable language in your lease is unenforceable. Demand the full amount back.
Yes. Article 1904 says the landlord must return the deposit with interest from the date you paid it. There is no time limit that extinguishes this right while you are still a tenant. You can demand it now.
No. The Civil Code is clear that any amount collected beyond rent is illegal — regardless of what it's called. Administrative fees, key deposits beyond actual replacement cost, application fees — all prohibited.
No. The TAL is designed for tenants to represent themselves. The process is straightforward, bilingual, and free to file for most applications. Your demand letter and any proof of payment are your key evidence.
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