Avis de résiliation de bail (Québec)

A Quebec notice of lease termination (avis de résiliation de bail) is a formal legal document used by a landlord (locateur) or tenant (locataire) to notify the other party of their intention to terminate or not renew a residential lease. Under the Civil Code of Quebec (C.c.Q.), articles 1877 to 1891, the termination or non-renewal of a lease requires strict compliance with notice requirements and valid legal grounds. In Quebec, residential leases are automatically renewed at the end of their term under the same conditions unless one party gives proper notice of termination within the prescribed time limits set out in article 1882 C.c.Q. This automatic renewal mechanism is a fundamental feature of Quebec tenant protection law. The notice of lease termination serves multiple purposes: it can be used for straightforward non-renewal at lease expiry, for termination due to non-payment of rent under article 1863 C.c.Q., for termination due to breach of the tenant's or landlord's obligations under article 1860 C.c.Q., or for landlord repossession of the dwelling under article 1957 C.c.Q. The document must contain specific information prescribed by law, including the identity of the parties, the dwelling address, the reason for termination, and the effective date. The Tribunal administratif du logement (formerly the Régie du logement) oversees all residential lease disputes in Quebec and has exclusive jurisdiction over matters related to lease termination, rent increases, and tenant rights.

A Quebec lease termination notice is needed in several distinct situations governed by the Civil Code of Quebec. The most common scenario is non-renewal of a fixed-term lease at its expiry date, where either the landlord or tenant wishes to end the rental relationship. In this case, proper notice must be given within the prescribed time limits under article 1882 C.c.Q., which vary depending on the lease duration. A landlord may also need this notice when seeking to repossess the dwelling to house themselves, their spouse, a relative, or a dependent under article 1957 C.c.Q. Tenants who wish to leave before the end of their lease term must also provide formal notice, though early termination may require agreement from the landlord or a valid legal justification. Landlords dealing with non-payment of rent situations may use this notice in conjunction with a formal demand (mise en demeure) to initiate the termination process under article 1863 C.c.Q. When a tenant has seriously breached their lease obligations, such as causing significant damage to the dwelling or disturbing other tenants, the landlord may issue a termination notice under article 1860 C.c.Q. Understanding the correct notice period and legal grounds is essential, as improperly issued notices may be rejected by the Tribunal administratif du logement, leaving the lease in force by automatic renewal.

The key elements of a Quebec notice of lease termination include several mandatory components required by the Civil Code of Quebec. First, clear identification of the sender (expediteur) is essential, specifying whether they are the landlord or tenant, along with their full name, address, and contact information. Second, the recipient must be fully identified with their name and address. Third, the dwelling subject to the notice must be precisely described with its complete address, unit number, and any relevant physical description. Fourth, the current lease details must be stated, including the start and end dates and the monthly rent amount. Fifth, the reason for termination must be clearly specified with reference to the applicable legal provisions of the C.c.Q., whether it is non-renewal, non-payment, breach of obligations, or landlord repossession. Sixth, for repossession cases, the notice must include the name and relationship of the person who will occupy the dwelling as required by article 1957 C.c.Q. Seventh, the notice period must comply with the requirements of article 1882 C.c.Q., and the effective date of termination must be clearly stated. Eighth, a good faith clause pursuant to article 1375 C.c.Q. must be included. Ninth, information about the tenant's right to contest the notice before the Tribunal administratif du logement must be provided. Finally, the governing law clause must reference the applicable provisions of the Code civil du Québec and the Loi sur le Tribunal administratif du logement.