Security Deposits in Quebec: What's Legal and What's Not
Why Security Deposits Are Banned in Quebec
Unlike Ontario, British Columbia, and most other Canadian provinces, Quebec strictly prohibits landlords from collecting security deposits or damage deposits. This protection is enshrined in article 1904 of the Civil Code of Quebec. A landlord can request only the first month's rent — nothing more — before you move in.
This includes any amount labeled as a "damage deposit," "key deposit," "cleaning deposit," or "last month's rent." All of these are illegal in Quebec. The only exception is for a rental of a dwelling that is furnished, where the landlord may request an advance of up to the first month's rent for the furnishings, but this is narrowly applied.
What Landlords Can Legally Ask For
Landlords may request post-dated cheques for future rent payments, which is a standard practice in Quebec. They can also ask for a credit check and references — this is perfectly legal and common. However, they cannot condition the lease signing on any deposit payment beyond the first month.
If you're renting a furnished apartment or a short-term sublet, the rules are the same: no deposit beyond the first month's rent. Some landlords try to disguise deposits as "administrative fees" or "move-in fees" — these are also prohibited. If a landlord insists on a deposit, it's a red flag about how they'll handle the tenancy overall.
What to Do If a Landlord Demands an Illegal Deposit
If a landlord asks for a security deposit, you have every right to refuse and still sign the lease. If you've already paid one, you can recover it by filing a claim at the Tribunal administratif du logement (TAL). The TAL will order the landlord to reimburse the full amount, and in some cases, the landlord may face additional penalties.
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Document the request in writing — save emails, texts, or any rental listings that mention a deposit. If you're new to Quebec and unfamiliar with local rules, organizations like the RCLALQ or your nearest community legal clinic can help you understand your rights at no cost. Moving to a new apartment is stressful enough without paying money you don't owe.
