The short answer
In Québec, a landlord can only require the first month’s rent in advance. Any other amount is prohibited: a security deposit, a key deposit, the last month’s rent or required post-dated cheques[1][2]. A lease clause that provides for a deposit has no effect[1], and the tenant can ask the TAL for a refund.
What the law says
Under article 1904 of the Civil Code of Québec, the landlord can only require payment of the first term of rent in advance, which means one month at most. The landlord also cannot require any sum of money other than the rent, “in the form of a deposit or otherwise”, or require post-dated cheques[1].
This rule protects the tenant and cannot be set aside by the lease. Any clause in a dwelling lease that departs from it has no effect, even if the tenant signed it[1].
What a landlord can ask for, and what they cannot
| Request | In Québec |
|---|---|
| First month’s rent, in advance | Allowed, one month at most |
| Last month’s rent | Prohibited |
| Deposit for keys or a remote | Prohibited if required |
| Damage deposit | Prohibited |
| Post-dated cheques | Prohibited if required; possible by mutual agreement |
The TAL gives keys as a specific example: the landlord cannot require an additional amount “to guarantee the return of the keys”. Post-dated cheques cannot be imposed, but both parties can choose this method of payment by mutual agreement[2].
The rule in Ontario
In Ontario, the law allows a rent deposit, often the last month, and a refundable key deposit[4]. These practices are common elsewhere in Canada, but they do not apply to a dwelling located in Québec.
The “voluntary deposit”: a grey area?
According to Éducaloi, a deposit is only acceptable if the tenant offers it freely and voluntarily, without any pressure[3]. In a decision reported by Éducaloi, a “voluntary deposit” form prepared by the landlord was found invalid[3].
In practice, a document written by the landlord and presented as a condition of renting is not voluntary. The tenant can refuse to pay, or pay and then ask for a refund.
Already paid a deposit?
- Ask the landlord for a refund in writing, citing article 1904 of the Civil Code, and keep a copy of your request.
- Gather your evidence: receipt, transfer, email or the lease clause that mentions the deposit.
- If you are not refunded, file an application with the Administrative Housing Tribunal.
The recourse covers the amount paid. It does not end the lease and does not justify withholding rent.
For landlords: protecting yourself without a deposit
- A credit check, with the applicant’s written consent. See what a landlord can ask for.
- References from previous landlords, requested from every applicant in the same way.
- A photographed condition report at move-in and move-out, signed by both parties.
- An application to the TAL for actual damage, with evidence.
At Lease Lane, no deposit is requested: only the first month’s rent is required at signing. Rental applications are made online and only collect the information that is needed.
Frequently asked questions
Can my landlord ask for the last month’s rent?
No. Only the first month can be required in advance (art. 1904 C.C.Q.). A last-month deposit is allowed in Ontario, not in Québec.
Is a deposit for keys or a remote allowed?
No, if it is required. The TAL specifically cites keys as an example of an amount a landlord cannot require.
What if I already paid a deposit?
Ask the landlord for a refund in writing. If you get no answer, file an application with the TAL: the clause that provides for the deposit has no effect (art. 1893 C.C.Q.).
Can the landlord require post-dated cheques?
No (art. 1904 C.C.Q.). This method of payment is only possible if both parties freely agree to it.
Sources
- [1]Civil Code of Québec, arts. 1893 and 1904 · LégisQuébec · accessed on 11 octobre 2026
- [2]Paiement du loyer (rent payment) · Administrative Housing Tribunal · accessed on 11 octobre 2026
- [3]Le dépôt de garantie : illégal, mais répandu · Éducaloi · accessed on 11 octobre 2026
- [4]Residential Tenancies Act, 2006, ss. 105 and 106 · Government of Ontario · accessed on 11 octobre 2026
This article provides general legal information, current as of the date shown. It does not constitute legal advice. For a specific situation, consult the TAL, Éducaloi, a lawyer or a notary.
