Québec security deposits and rent paid in advance

At lease signing: what is permitted?

• First rent period: the lessor may require advance payment for the first agreed rent period, but not more than one month. This can be payable as soon as the lease is signed, even if the move-in date is later.
• Security, damage and key deposits: the lessor cannot require extra money as security for damage, keys or performance of lease obligations.
• Postdated cheques: these cannot be imposed as a condition for the lease. The parties may agree to this payment method voluntarily.
• Later rent periods: paying the first month in advance does not mean the lessor may demand the final month or several future months up front.

Example: if monthly rent is $1,550, the lessor can require $1,550 for the first rent period when signing, but cannot add a mandatory $500 damage deposit or another $1,550 for the final month.

If someone requests an unlawful deposit

1. Ask which payment is the first rent period and which is an extra deposit.
2. Keep the listing, written demands, messages, lease, transfer record and receipts.
3. Ask the lessor to remove an extra mandatory deposit before paying it. If already paid, request repayment in writing and keep proof.
4. If unresolved, contact the Tribunal administratif du logement (TAL) about an appropriate application. The legal remedy depends on what was paid and the facts.

Do not deduct a disputed deposit from rent on your own: ordinary rent remains due unless there is a lawful agreement or order.

Proof of rent payment

A tenant may ask for a receipt. The tenant generally must prove rent was paid if that fact is disputed. TAL recommends keeping proof of payment for three years. For cash, request a dated receipt showing the period, amount and recipient; for transfers, save confirmation and matching bank records.

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