Me Desrochers : 819 743-2955  |  Me Roy : 819 208-6022 info@virtulexavocats.com

Receiving a notice of increase does not mean you have to pay it — here are the deadlines, the remedies and the numbers you need to know.

Julie has rented the same two-bedroom apartment in the Hull sector for six years. One February morning, she finds a letter from her landlord in the mailbox: the rent will go from $1,050 to $1,175 on July 1st. Discouraged, she calls a friend, who tells her that “there’s nothing you can do anyway.” She puts the letter in a drawer. Six weeks later, she learns that by not replying, she accepted the full increase. It is the most common scenario, and the most avoidable. Refusing a rent increase in Quebec is neither complicated nor risky, provided you do it in writing and on time.

The notice of modification: tight deadlines and mandatory content

A residential lease renews automatically at its term, on the same conditions (article 1941 of the Code civil du Québec, Quebec’s Civil Code). To change anything — the rent, the term, any other condition — the landlord must send you a notice of modification of the lease within a precise window (article 1942 C.c.Q.):

  • lease of 12 months or more: between 3 and 6 months before the end of the lease;
  • lease of less than 12 months: between 1 and 2 months before the end of the lease;
  • lease with an indeterminate term: between 1 and 2 months before the proposed modification;
  • lease of a room: between 10 and 20 days.

The notice must be in writing and clearly state the requested change. For an increase, three formats are allowed: the new rent in dollars, the increase in dollars, or a percentage of the current rent.

Since December 26, 2024, article 1943 C.c.Q., as amended by the Loi limitant le droit d’éviction des locateurs et renforçant la protection des locataires aînés, requires more: the notice must inform the tenant of his rights and remedies and reproduce the text prescribed by the Regulation respecting the mandatory content of a notice of modification of the lease of a dwelling. Since January 1, 2026, it must also specify, where applicable, the portion of the increase attributable to services tied to the tenant personally, a rule aimed mainly at private seniors’ residences. The Tribunal administratif du logement (TAL), Quebec’s rental board, publishes a model notice that already contains these statements.

The trap: a defective or late notice can be set aside, but beware of false good news. Without a valid notice, the lease renews on its previous conditions; you do not thereby gain a right to leave.

Refusing: one month to reply, and the trap of silence

Once you receive the notice, you have one month to inform your landlord either that you refuse the modification or that you are leaving the dwelling (article 1945 C.c.Q.). A notice received on January 15 must therefore be answered no later than February 15.

If you do nothing, you are deemed to have accepted the renewal of the lease on the proposed conditions, increase included. That is exactly what happened to Julie. Silence is not neutral: it amounts to consent.

There is no magic formula for refusing: a simple letter — “I refuse the proposed increase and I am staying in the dwelling” — is enough, and the TAL publishes a model. What matters is proof of receipt: registered mail, hand delivery with acknowledgment, or a confirmed email. Keep a copy.

Refusing is not leaving. The lease renews and you stay in your home. It is then up to the landlord to act: he has one month from receipt of your refusal to ask the Tribunal to fix the rent (article 1947 C.c.Q., as amended by Bill 31 in 2024). If he lets that deadline pass, the lease is renewed by operation of law at the previous rent. In practice, many landlords would rather negotiate than wait several months for a hearing.

The application to fix rent: what the Tribunal really looks at

The Tribunal does not fix rent by gut feeling: it applies the standards of the Regulation respecting the criteria for the fixing of rent, revised as of January 1, 2026 (article 1953 C.c.Q.). The criteria are, in essence, a base percentage applied to the rent, the change in municipal and school property taxes, the change in fire and liability insurance premiums, a 5% rate applied to capital expenditures of the reference year, and expenses related to adding a service or an accessory. The base percentage is derived from the three-year average change in Quebec’s consumer price index.

The figures published by the TAL for notices given on or after January 1, 2026 are a base percentage of 3.1% for rent (down from 4.5% the previous year), 6.7% for the portion of rent tied to services provided to the tenant personally, and 5% for capital expenditures. The Tribunal offers a free online calculation tool that lets you estimate the justified increase yourself by entering taxes, insurance and work done. It is the most useful tool for discussing matters with your landlord, with figures in hand rather than impressions.

This overhaul is not unanimously welcomed: landlord associations consider the return on buildings undervalued, while tenant groups fault the Quebec regime for remaining a “case-by-case” control, hinging on each tenant’s refusal rather than on a general cap.

The trap here is real. Before the Tribunal, the landlord is no longer bound by the amount stated in his notice: he may claim the increase calculated under the regulation, which could exceed what he originally asked for. So weigh the file seriously before refusing an increase that is already modest. Conversely, in 2024-2025, the average wait for a first hearing on a rent-fixing application was close to nine months: that slowness weighs on both sides.

Clause F: when you have no right to contest

There is one important exception. Article 1955 C.c.Q. denies both parties the right to apply for rent fixing during the five years following the date on which a newly built building — or one newly converted to rental use — is ready for its intended use. The same rule applies to a dwelling rented by a housing cooperative.

This restriction can be invoked against the tenant only if it is written into the lease, in section F of the mandatory form, with the date the building was ready. And since Bill 31, for leases entered into after February 20, 2024 concerning a building ready after that date, the lease must also state the maximum rent the landlord may charge during the five years. If these statements are missing, the restriction does not apply and you keep your right to refuse.

When clause F applies, the consequence is harsh: a tenant who refuses the modification must leave the dwelling at the end of the lease. Before signing a lease in a new building, read that section first.

Another door exists for new tenants: if you pay more than the lowest rent charged in the preceding twelve months, you can have the rent fixed, normally within ten days of signing the lease — or within two months if the landlord did not give you the mandatory notice stating the former rent (article 1950 C.c.Q.). That is the well-known section G of the lease, too often left blank.

Key takeaways

  1. Check the date first: the notice must reach you between 3 and 6 months before the end of a lease of 12 months or more.
  2. You have one month to reply. Doing nothing amounts to accepting the full increase.
  3. Refusing in writing, with proof of receipt, does not force you to move: the lease renews and you stay.
  4. If the landlord does not apply to the Tribunal within the month following your refusal, the lease renews at the previous rent.
  5. Use the TAL’s calculation tool: before the Tribunal, the rent fixed may exceed the increase that was requested.
  6. If section F of the lease is checked and validly completed for a building five years old or less, refusing means leaving the dwelling.

Further reading


This column is published for general legal information purposes and reflects the state of the law as at the date it was written. It does not constitute legal advice. Because every situation is unique, you should consult a lawyer for advice tailored to your own case. Feel free to contact Virtulex avocats to discuss your situation.

William Desrochers, Attorney, Virtulex avocats — www.virtulexavocats.com