Home / Quebec Tenant Rights
Quebec Guide · Unique Rules

Security Deposits Are Illegal in Quebec. Get Yours Back.

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.

Generate My Demand Letter — $6.99Cites Article 1904 CCQ. Instant download.
Illegal
Security deposits — completely, always, no exceptions
100%
Amount owed back — the full deposit
TAL
Tribunal administratif du logement — free to file
Art. 1904
The Civil Code article that protects you
🚨 This is not a grey area — deposits are banned outright in Quebec

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.


What Quebec Law Says

Civil Code of Québec — Article 1904
Security Deposits Prohibited

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.

What this means for you
Your landlord owes you the full amount — with interest

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.


What is Legal vs. Illegal in Quebec

What landlords CAN collect

  • First month's rent — this is the only upfront payment permitted by law.
  • Rent — ongoing monthly payments as agreed in the lease.

What landlords CANNOT collect — ever

  • Security deposit — illegal under Article 1904, regardless of amount.
  • Damage deposit — no exceptions. The landlord must go to the TAL to claim damages after you leave.
  • Pet deposit — illegal. Landlords in Quebec also cannot refuse to rent to pet owners in most cases.
  • Cleaning deposit — illegal. Any cleaning claim must be filed through the TAL after move-out.
  • Non-refundable fees of any kind — application fees, administrative fees, key deposits beyond the actual cost of the key — all illegal.

How to Get Your Deposit Back in Quebec

  1. 1
    Generate your demand letter

    Cites Article 1904 of the Civil Code of Québec and demands return of the full amount — including interest from the date of payment.

  2. 2
    Send in writing

    Email is best for a timestamp. Send a copy by registered mail if the amount is significant. Keep everything.

  3. 3
    Give 10 days to respond

    Most landlords return the money quickly once they realize the law is unambiguous and you know it.

  4. 4
    File with the TAL if ignored

    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.


Frequently Asked Questions

My Quebec lease says my deposit is "non-refundable." Does that hold up?

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.

I paid a deposit years ago and I'm still living here. Can I still get it 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.

My landlord called it an "administrative fee" rather than a deposit. Does that change anything?

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.

Do I need a lawyer to file with the TAL?

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.

Ready to Get Your Quebec Deposit Back?

Generate a demand letter citing Article 1904 of the Civil Code of Québec. 5 minutes. Instant download. The law is on your side.

Generate My Letter — $6.99
Money-back guarantee · No subscription · Download instantly