Security Deposits in Quebec
Reviewed by the Commoner Law Editorial Team. 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?
Security deposit rules vary significantly across Canada. What your landlord can collect — and what they must return — depends entirely on your province.
- British Columbia: Maximum of half a month's rent. Must be returned within 15 days of move-out.
- Ontario: Landlords can only collect a last month's rent deposit. Damage deposits are not allowed.
- Alberta: Maximum of one month's rent. Must be returned within 10 days.
- Quebec: Security deposits are illegal. Landlords cannot collect any deposit at all.
In all provinces, landlords can only deduct for actual damages beyond normal wear and tear. Faded paint, minor scuffs, and worn carpet from regular use are not your responsibility.
When does it apply?
- At lease signing — when your landlord collects the deposit.
- At move-out — when the deposit should be returned or deductions applied.
- Applies to all residential tenancies in the province where the rules are set.
What to Do If Your Canadian Landlord Won't Return Your Security Deposit
- Take detailed photos and videos of the unit at move-in and move-out. Date-stamp everything.
- Request a condition inspection with your landlord before you move in and before you move out.
- If your deposit is not returned on time, send a written request to your landlord by email or registered mail.
- If your deposit is wrongfully withheld, file a claim with your provincial tribunal.
What should you NOT do?
- Don't skip the move-in inspection — without it, you have no proof of the unit's original condition.
- Don't withhold rent to "use up" your deposit. That is a lease violation and can lead to eviction.
- Don't pay more than the legal maximum for your province.
- In Quebec, don't pay any deposit at all — it is illegal for your landlord to ask for one.
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
Common Questions
When does security deposits apply?
At lease signing — when your landlord collects the deposit.At move-out — when the deposit should be returned or deductions applied.Applies to all residential tenancies in the province where the rules are set.
What should I do if my landlord in Canada is refusing to return my security deposit?
Take detailed photos and videos of the unit at move-in and move-out. Date-stamp everything.Request a condition inspection with your landlord before you move in and before you move out.If your deposit is not returned on time, send a written request to your landlord by email or registered mail.If your deposit is wrongfully withheld, file a claim with your provincial tribunal.
What mistakes should I avoid with security deposits?
Don't skip the move-in inspection — without it, you have no proof of the unit's original condition.Don't withhold rent to "use up" your deposit. That is a lease violation and can lead to eviction.Don't pay more than the legal maximum for your province.In Quebec, don't pay any deposit at all — it is illegal for your landlord to ask for one.
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