Quebec Security Deposits Laws (2026)
About this article
Sourced from Canadian federal statutes and official sources. Provincial information reflects each province's own legislation and court rulings. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards
What is this right?
This is the area where Canadian rules diverge the hardest. What a landlord can take, what they have to return, and the deadline for returning it depend entirely on which side of a provincial border you live on.
- British Columbia: half a month's rent maximum, returned within 15 days of move-out.
- Ontario: last month's rent only — straight damage deposits are banned.
- Alberta: one month's rent cap, returned within 10 days.
- Quebec: security deposits are illegal — a landlord can't collect one at all.
One rule does carry across the country: a landlord can only deduct for actual damage beyond normal wear and tear. Faded paint, light scuffs, worn carpet from years of walking on it — none of that is yours to pay for.
When does it apply?
- At lease signing, when the deposit is collected.
- At move-out, when it should come back or deductions get itemised.
- Covers all residential tenancies in the province whose rules apply.
What to Do If Your Canadian Landlord Won't Return Your Security Deposit
Photos win deposit cases. Take them before you do anything else.
- Photograph and video everything at move-in and move-out — date-stamped, every room, every defect.
- Request a condition inspection with the landlord at both ends of the tenancy.
- If the deposit isn't returned on time, send a written request by email or registered mail.
- Wrongful withholding goes to the provincial tribunal. Filing fees are low and the process is built for tenants without lawyers.
What should you NOT do?
- Don't skip the move-in inspection. No baseline, no proof.
- Don't withhold rent to "use up" the deposit. It's a lease breach and a fast track to eviction.
- Don't pay more than the provincial cap. If a landlord asks, point them to the statute and walk if they push back.
- In Quebec, don't pay a deposit at all. It's illegal for them to ask, full stop.
How Quebec differs from federal law
Quebec completely bans security deposits for residential leases. This is one of the most distinctive features of Quebec tenancy law and sets it apart from every other Canadian province.
- Under article 1904 of the Civil Code of Quebec, a landlord cannot require a security deposit, damage deposit, or last month's rent deposit as a condition of renting a dwelling. Any clause in a lease requiring such a deposit is void.
- This ban applies to all residential leases in Quebec, regardless of the rent amount or the type of dwelling. There are no exceptions.
- A landlord may require the first month's rent in advance, but nothing beyond that. They cannot ask for a post-dated cheque for more than one month's rent at a time, though they can request up to 12 post-dated cheques at the start of the lease.
- If a landlord demands a security deposit, the tenant can refuse to pay it and still enforce the lease. If a tenant pays one under pressure, they can file with the TAL to have it returned.
- For damage caused during the tenancy, the landlord must pursue a claim through the TAL after the tenant moves out, rather than deducting from a deposit. The landlord bears the burden of proving the damage was caused by the tenant.
Additional Steps in Quebec
If a landlord asks for a security deposit, remind them it is illegal under Quebec law. If you have already paid one, file an application with the TAL to recover the money. Keep receipts or bank records as proof of the payment. Contact your local comite logement (housing committee) for free guidance.
Relevant Law: Civil Code of Quebec, art. 1904
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What is the security deposits right in Canada?
This is the area where Canadian rules diverge the hardest. What a landlord can take, what they have to return, and the deadline for returning it depend entirely on which side of a provincial border you live on.British Columbia: half a month's rent maximum, returned within 15 days of move-out.Ontario: last month's rent only — straight damage deposits are banned.Alberta: one month's rent cap, returned within 10 days.Quebec: security deposits are illegal — a landlord can't collect one at all.One rule does carry across the country: a landlord can only deduct for actual damage beyond normal wear...
When does security deposits apply?
At lease signing, when the deposit is collected.At move-out, when it should come back or deductions get itemised.Covers all residential tenancies in the province whose rules apply.
What should I do if my landlord in Canada is refusing to return my security deposit?
Photos win deposit cases. Take them before you do anything else.Photograph and video everything at move-in and move-out — date-stamped, every room, every defect.Request a condition inspection with the landlord at both ends of the tenancy.If the deposit isn't returned on time, send a written request by email or registered mail.Wrongful withholding goes to the provincial tribunal. Filing fees are low and the process is built for tenants without lawyers.
What mistakes should I avoid with security deposits?
Don't skip the move-in inspection. No baseline, no proof.Don't withhold rent to "use up" the deposit. It's a lease breach and a fast track to eviction.Don't pay more than the provincial cap. If a landlord asks, point them to the statute and walk if they push back.In Quebec, don't pay a deposit at all. It's illegal for them to ask, full stop.
Security Deposits in other states
Same topic, different jurisdiction. Pick the one that applies to you.