Ending a Tenancy by Mutual Agreement in Quebec: A Tenant’s Guide

In Quebec, tenants have one of the strongest protections in North America: the "Right to Maintain Occupancy" (droit au maintien dans les lieux). This means your lease renews automatically every year, and your landlord cannot simply "end" it because the term is up.

However, there are situations where both parties want to part ways. Whether you bought a house, or your landlord wants the unit empty for a sale, you can negotiate a "Resiliation of Lease by Agreement".

Unlike an eviction (repossession), this is a voluntary contract. This guide explains how to handle this process correctly in 2025, how to use the TAL’s model forms, and how to negotiate "Cash for Keys" without losing your rights.

What is a "Resiliation by Agreement"?

In Quebec law, ending a lease is called "resiliation." While the Tribunal administratif du logement (TAL) handles disputes, they do not require a specific government file number to end a lease amicably. Instead, the landlord and tenant sign a private agreement to terminate the lease on a specific date.

Key Features:

• Voluntary: A landlord cannot force you to sign this. You have the right to stay in your apartment indefinitely unless the landlord obtains a specific eviction order from the TAL (e.g., for repossession by a family member).

• Overrides Automatic Renewal: A valid mutual agreement stops the automatic renewal of your lease. It is a binding contract.

• No "Standard" Form: While the TAL provides model notices, there is no single mandatory form like Ontario's N11. A written contract between you and the landlord is legally sufficient.

When Should You Use a Mutual Agreement?

1. Breaking Your Lease Early

In Quebec, you cannot simply give 3 months' notice to leave a lease early, except in very specific situations (like domestic violence, entering a care home, or sexual assault).

• The Problem: If you move out early without an agreement, you remain responsible for the rent until the unit is re-rented. You are also usually required to find a candidate to assign (cession de bail) your lease to.

• The Solution: If you don't want the hassle of assigning your lease, you can ask your landlord for a Mutual Agreement to Resiliate the Lease. If the rental market is hot, the landlord may happily agree so they can increase the rent for the next tenant.

2. "Cash for Keys" (Landlord wants to Sell or Renovate)

Landlords often want tenants to leave so they can sell the building "vacant" or renovate it to charge higher rent. Since they cannot easily evict you, they may offer you money to leave voluntarily.

• The Negotiation: This is fully legal in Quebec. You can negotiate a "resiliation indemnity" (Cash for Keys). This might cover your moving expenses, the difference in rent for a new place, or a lump sum (e.g., 3–6 months of rent).

• Warning: If you refuse, the landlord might try to repossess the unit for themselves (using the Notice of Repossession). However, this process is strict and has long notice periods (6 months before the lease ends).

How to Draft the Agreement

Since there is no mandatory form, you must create a written document to protect yourself. The TAL and organizations like JuridiQC provide models you can use.

Required Elements for a Valid Agreement:

1. Title: "Agreement to Resiliate the Lease" (Entente de résiliation de bail).

2. Parties: Full names of the Lessor (Landlord) and Lessee (Tenant).

3. Address: The complete address of the dwelling.

4. Termination Date: "The lease will terminate on [Date] at [Time]."

5. Signatures: Both parties must sign and date it.

Critical Clauses to Include:

• Renunciation of Claims: "The parties give each other full and final release from any claim resulting from the lease." This ensures the landlord cannot sue you later for "damages" or old rent adjustments.

• Compensation: If you negotiated a payout, write it down: "The Lessor agrees to pay the Lessee the sum of $X upon the Lessee vacating the premises".

The Risks: What Tenants Must Know

1. It is Binding

Once you sign an agreement to leave, you lose your "Right to Maintain Occupancy." If you don't move out on the agreed date, the landlord can apply to the TAL for an eviction order. Because you signed the agreement, the TAL will almost certainly grant the eviction.

2. Watch Out for "Renoviction" Tactics

Some landlords may pressure you to sign a mutual agreement by claiming they plan to do "major renovations" (eviction). Remember: for renovations, the landlord usually has to pay you compensation and offer you the right to return at the same rent. If you sign a mutual agreement, you lose the right to return.

Step-by-Step: Executing the Agreement

1. Verify the Reason: If the landlord asks you to leave, ask why. If it's for renovations or repossession, check if you are entitled to statutory compensation before you settle for a mutual agreement.

2. Negotiate: Don't just accept the first offer. Moving in Quebec is expensive.

3. Draft the Text: You can use the model provided by JuridiQC (see references) or write a simple letter.

4. Sign and Keep Copies: Do not rely on a verbal handshake. Get it in writing.

Frequently Asked Questions (FAQ)

1. Can my landlord force me to sign a resiliation agreement?

No. You have the right to stay in your home as long as you pay rent and respect the lease. If your landlord harasses you to sign, you can file a complaint with the TAL for harassment.

2. Can I transfer (assign) my lease instead of cancelling it?

Yes. If you want to leave early and the landlord refuses to cancel the lease, you have the right to assign your lease (céder son bail) to a new tenant. The landlord cannot refuse the assignment without a "serious reason" (like bad credit). If they refuse without a good reason, the lease is automatically resiliated on the date you proposed.

3. Is "Cash for Keys" legal in Quebec?

Yes. It is a valid contract between two adults. The landlord is "buying" your right to maintain occupancy. Ensure the amount is paid via certified cheque or bank transfer on the day you move out.

4. What if I sign but can't find a new apartment?

You are legally required to leave. The housing crisis is not a legal defense to breach of contract. Do not sign a termination agreement unless you are 100% sure you have somewhere else to go.

5. Does the TAL have a form for this?

The TAL provides a "model" agreement on their website, but it is not a mandatory form like the "Notice of Repossession." You can write your own as long as it is clear.

6. Can I end my lease early for health reasons?

Yes, but only in specific cases: if you are a senior admitted to a care facility, or have a disability preventing you from living there. You must send a specific notice (Notice of termination due to admission to a care centre) with a doctor's certificate. This is different from a "mutual agreement".

References:

• Tribunal administratif du logement (TAL): Termination of a Lease

• Educ.aloi: Tenants Leaving Before the Lease Ends

• JuridiQC: Model Agreement to Resiliate Lease

• Civil Code of Quebec: Right to Maintain Occupancy

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