Quebec Rent Increase Civil Code Articles — Article 1936 and the Key Provisions

The Legal Foundation for Rent Increases

Quebec rent increases are governed by the Civil Code of Québec (CCQ), Book Five, Title Two, Chapter IV — "Lease of a Dwelling" (Articles 1892 through 1970). Unlike Ontario's Residential Tenancies Act or BC's Residential Tenancy Act, Quebec's rules are embedded in the province's general civil law code, not a standalone tenancy statute.

This matters because the CCQ's dwelling provisions are mandatory — they override any conflicting clause in a signed lease. A landlord and tenant cannot contract out of the notice requirements, the response windows, or the TAL's jurisdiction.

Article 1936 — The Right to Maintain Occupancy

Article 1936 is the provision tenants most often cite during rent disputes. It establishes the lessee's right to maintain occupancy (droit au maintien dans les lieux): a tenant who has signed a residential lease has the right to remain for the term of the lease. A landlord cannot simply end the tenancy because they want the property back; repossession and eviction follow separate statutory rules.

For rent increases, Article 1936's practical effect is this: a tenant who refuses a proposed rent increase does not lose their home in the ordinary renewal process. The tenant can refuse the increase and elect to stay — the lease renews, and the dispute goes to the TAL for adjudication. A valid Article 1955 restriction is an exception: a tenant who objects in a qualifying case must vacate at lease end.

This is the most common misunderstanding among new Quebec landlords. A refusal is not an eviction trigger. It's the start of a dispute resolution process.

Article 1906 — Frequency Limits

Article 1906 restricts rent adjustments to once per 12-month period. For a standard 12-month lease, this means one increase per annual renewal. For leases longer than 12 months, only one adjustment is permitted within each consecutive 12-month segment, and none can occur during the first 12 months.

Mid-term increases, even if written into the lease as escalator clauses, are void under the mandatory dwelling provisions.

Articles 1942–1947 — The Notice-and-Response Chain

These provisions form the procedural backbone of every rent increase:

• Article 1942 sets the notice windows. For leases of 12 months or more: 3 to 6 months before expiry. For shorter leases: 1 to 2 months. For rooms: 10 to 20 days.
• Article 1943 requires the notice to inform the tenant of their three response options.
• Article 1945 gives the tenant one month from receipt to respond. Silence equals acceptance. After a refusal while staying, the landlord may accept the existing rent, negotiate a written agreement, or apply to the TAL.
• Article 1947 sets the landlord's filing deadline: one month from receiving the tenant's refusal to file a rent-fixing application at the TAL. Miss it and the increase is forfeited for that cycle.

The chain is rigid. Each deadline is absolute, and informal negotiations do not pause any of them.

Article 1950 — New Tenant Rent Challenges

Article 1950 gives new tenants the right to contest the initial rent if they believe it was set excessively above the previous rent. The application deadline is generally 10 days after signing the lease; if a required Section G disclosure was omitted, it is two months after the lease starts; if the disclosure was false, it is two months after discovering the misrepresentation. This ties directly to the Section G disclosure requirement on the standard lease form.

Landlords who skip the Section G disclosure — which requires stating the lowest rent paid in the preceding 12 months — expose themselves to retroactive rent reductions.

Article 1955 — The Five-Year Exemption

Article 1955 exempts qualifying dwellings in buildings erected five years ago or less, or converted to residential use within the preceding five years, from TAL rent-fixing jurisdiction. For a new building, the period is measured from when it was ready for its intended residential use. It also covers a dwelling leased by a housing cooperative to one of its members. For a five-year exemption, the landlord can set and adjust rent freely if Section F was properly completed.

For a lease entered into on or after February 21, 2024, where the immovable was ready for its intended use after February 20, 2024, Bill 31 requires Section F to state the maximum rent the landlord may impose during the exemption period. Omitting the maximum rent forfeits the exemption, and the standard TAL criteria apply.

Where to Read the Actual Text

The consolidated English text of the Civil Code is available at LégisQuébec (legisquebec.gouv.qc.ca). Éducaloi (educaloi.qc.ca/en) publishes plain-language summaries of the lease renewal rules, Bill 31 amendments, and the 2026 calculation changes.

For a practical guide that translates these articles into a step-by-step landlord workflow — calculation, notice, service, response tracking, and TAL filing — see our Quebec rent increase guide.

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