Demanding a security deposit is always illegal |Jdm

Demanding a security deposit is always illegal |Jdm

Several information has circulated in the media, reporting that housing owners could require a security deposit for tenants at the signing of the lease.The Régie du Housing wanted to recall that it is illegal.

The Civil Code of Quebec provides that an owner cannot require an amount other than that of the rent.This means that he cannot require a deposit of the tenant's warranty in exchange for the keys to the apartment or as a "warranty" against possible damage, for example.

The owner may however request that the first month of rent be paid in advance.

Freely, legal

Exiger un dépôt de garantie est toujours illégal | JDM

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 acted, for example, in fear of not obtaining the accommodation if he did not pay a deposit.His approach must be clearly free and voluntary.There can be no form of requirement from the owner.

Other prohibited practices

If the compulsory security deposit is illegal, other practices are also.Thus, an owner cannot, in particular:


♦ In the event of a conflict with an owner, you can apply for the Housing Régie, which will become the administrative court of housing on August 31.

Texte informatif – Ce texte ne constitue pas un avis juridique; il est recommandé de consulter un avocat ou un notaire pour un tel avis. Éducaloi est un organisme à but non lucratif dont la mission est d’informer les Québécois de leurs droits et obligations dans un langage clair».