How do I terminate my lease?

General information, not legal advice. A tenant cannot end a lease at any time or for any reason (for example a divorce, a job loss or buying a house). Without an agreement with the landlord, only certain specific situations allow an ongoing lease to be terminated: being assigned low-rent housing, being unable to occupy the dwelling because of a disability, domestic or sexual violence (or violence against a child), and the permanent admission of an older person to a seniors' residence. In these cases, you send the landlord a notice with an attestation from the relevant authority. The termination takes effect 2 months after the notice is sent for a lease of 12 months or more, and 1 month after for an indefinite-term lease or one shorter than 12 months.

Key facts

Cases provided by law

Low-rent housing, inability to occupy the dwelling because of a disability, domestic or sexual violence (or violence against a child), permanent admission of an older person to a seniors' residence or a care facility.

Delay before the lease ends

2 months after the notice is sent if the lease is 12 months or more; 1 month if the lease is indefinite or shorter than 12 months. The delay can be shorter if the dwelling is re-rented or the parties agree.

Rent

The tenant must pay rent until the effective date of the termination.

Not valid grounds

A divorce, a job loss or buying a house do not allow you to end an ongoing lease.

Violence (help)

If you fear for your safety, call 911. SOS violence conjugale: 1 800 363-9010. Only the person who signed the lease can terminate it; other occupants can leave without formality.

Variable amounts

For violence, Québec.ca says the IVAC may reimburse up to 2 months of rent and moving costs; you must contact the IVAC to find out whether you are eligible and for what amounts.

Steps

1. Check whether your situation is one of those covered: being assigned low-rent housing, being unable to occupy the dwelling because of a disability, domestic violence, sexual violence or violence against a child, or the permanent admission of an older person to a seniors' residence (or a long-term care centre).
2. If your situation is not one of them, you can come to an agreement with the landlord. The TAL also explains that you can assign your lease or sublet your dwelling, by notifying the landlord in writing of your intention.
3. Get the attestation required for your case: an attestation from the relevant authority (for example a medical attestation for a disability) or, for violence, an attestation from a public officer designated by the Ministère de la Justice, for example a DPCP prosecutor.
4. Fill out the termination notice that matches your case (the TAL provides a PDF form for each of the four grounds).
5. Send the notice and the attestation to the landlord, using a method that gives you proof of receipt.
6. Count the delay: the termination takes effect 2 months after the notice is sent if the lease is 12 months or more, or 1 month after if the lease is indefinite or shorter than 12 months. You pay rent until the effective date of the termination.
7. If your dwelling has become unfit for habitation (a serious threat to health or safety), a different regime applies: read the TAL page on unsanitary housing, because the notice to the landlord has specific rules there.

General information drawn from official sources. It does not replace legal, medical or financial advice. For your situation, contact the organization concerned or a professional.