Are Security Deposits Legal in Quebec?
If you're renting in Quebec and a landlord asks for a "security deposit," a "damage deposit," or a few months of post-dated cheques before you've even signed — stop. In most of Canada those requests are normal. In Quebec, they're not allowed.
The short answer
Key Takeaways
- A landlord can only require the first month's rent in advance — nothing more.
- Security deposits, damage deposits, and key deposits are not permitted in Quebec.
- You can't be forced to hand over post-dated cheques or last month's rent.
- If a landlord insists, that's a red flag worth walking away from.
What a landlord can legally ask for
When you sign a lease in Quebec, the most a landlord may require before you move in is the first month's rent, and only when the rent is payable monthly. That payment is rent — not a deposit being held against damage. There is no second item on the list.
What they cannot ask for
These requests come up constantly — especially for students and newcomers who may not know the local rules. None of them are permitted:
- Security or damage deposits. A landlord cannot hold money "just in case" you damage the unit.
- Last month's rent up front. Only the first month can be required in advance.
- Post-dated cheques. You may offer them voluntarily, but you cannot be required to provide them.
- Key, pet, or cleaning deposits. Extra "deposits" under any name are not allowed.
A request for "two months up front to hold the apartment" is one of the clearest signs of either a scam or a landlord who won't respect the rules. Both are reasons to be cautious.
Why deposits are banned here
Quebec's rental rules are designed to keep the barrier to housing low and to prevent landlords from holding large sums that can be hard for tenants to recover. Disputes about repairs and the state of a unit are handled after the fact through the Tribunal administratif du logement (TAL), not by a landlord keeping your money in advance.
What to do if a landlord asks anyway
Plenty of well-meaning landlords simply don't know the rule, and a polite heads-up resolves it. If it doesn't, protect yourself:
- Mention, calmly, that Quebec only permits the first month's rent in advance.
- Keep everything in writing — save the listing, the messages, and any payment requests.
- Never send money before you've viewed the unit and signed a lease.
- If a landlord keeps pushing, you can raise it with the TAL — and you may want to keep looking.
Frequently asked questions
Yes. You're free to offer them if you'd like — many tenants do for convenience. The rule only prevents a landlord from requiring them as a condition of renting.
You can ask for it back in writing. If the landlord refuses, you can file an application with the Tribunal administratif du logement to recover it.
No. Charging a refundable deposit for keys or fobs falls under the same prohibition. A landlord can charge the actual replacement cost only if you lose one.
The same protections generally apply to residential leases in Quebec, including many room rentals and sublets. When in doubt, check with the TAL.
No — this article is general information to help you ask the right questions. For your specific situation, contact the Tribunal administratif du logement or a local tenant association.
This publication is provided for general information purposes and does not constitute legal, financial or other professional advice from RentAdvisor, and it is not intended as a substitute for obtaining advice from a legal advisor or any other professional. We make no representations, warranties or guarantees, whether expressed or implied, that the content in the publication is accurate, complete, or up to date.
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