Quebec’s standard lease covers many essential aspects of a rental agreement, but landlords often add additional clauses to further protect their property and interests. However, not all additions are legally enforceable, which can create frustration for both landlords and tenants. Understanding what you can and cannot include in your lease is crucial to limiting your exposure to disputes. Here are some important lease additions to consider:

1. Rent & Payment Terms

While customizing rent payment conditions can be useful, maintaining flexibility can help prevent unnecessary strain on the landlord-tenant relationship.

• Accepted Payment Methods – You may specify acceptable payment forms such as cheque, e-transfer, or direct deposit.
• Late Payment Provisions – While you cannot charge interest or penalties for late rent, you can state that legal fees incurred due to non-payment may be claimed in court.
• Returned Cheque Fees – You can charge a reasonable administrative fee (e.g., $25) for bounced cheques.

2. Renter’s Insurance Requirement

Landlords can require tenants to maintain liability insurance and provide proof before move-in. This must be agreed upon before signing the lease. It’s especially advisable when renting to tenants with pets, as it helps mitigate potential liability concerns.

3. Maintenance & Repairs

Ensuring clarity in maintenance responsibilities can save landlords from unnecessary disputes and costs.

• Minor Repairs – Tenants can be required to handle minor tasks like replacing light bulbs or smoke detector batteries, preventing unnecessary service calls.
• Missed Maintenance Appointments – If a tenant agrees to be present for scheduled repairs but fails to show, they can be responsible for a reasonable contractor no-show fee.
• Garbage & Recycling Compliance – Including municipal waste disposal rules in the lease ensures tenants follow proper procedures. While this is rarely an issue, having a clause in place provides landlords with additional options if a tenant disregards waste management rules.

4. Behavior & Property Use

Establishing clear expectations helps prevent disruptions and protects the property.

• No Smoking Clause – Smoking (including cannabis) can be prohibited inside the unit, with designated smoking areas specified. This helps prevent lingering odors and costly unit restorations.
• Noise & Disturbance Rules – Enforcing quiet hours (e.g., no loud music after 10 PM) protects both landlords and neighboring tenants from disruptions.
• Short-Term Rentals (Airbnb Ban) – Prohibiting subletting through platforms like Airbnb ensures tenant vetting remains under the landlord’s control. If allowed, a written permission clause can be included.

5. Pets & Animals

While landlords in Quebec cannot ban pets if they were present when the lease was signed, additional clauses can help mitigate risks.

• No-Pet Policy – You can prohibit pets unless explicitly allowed in the lease. If a tenant later acquires a pet, an addendum can be added, requiring additional insurance.
• Pet Damage Responsibility – If pets are permitted, tenants can be held responsible for any damage caused.

6. Key & Security Deposit Rules

Quebec has strict regulations regarding deposits, but key-related clauses can be included.

• Key Replacement Fees – Tenants can be required to cover the cost of lost key replacements, encouraging responsible key management.
• Security Deposits Are Illegal – Unlike other provinces, Quebec prohibits security deposits, last month’s rent, or damage deposits. Following these regulations is essential to avoid legal issues.

Conclusion

Many real estate agents handling leases part-time may not be fully aware of Quebec’s rental laws, leading to problematic clauses that cause long-term headaches. Well-crafted lease additions not only protect landlords but also promote clear communication, reducing the chances of frustrating disputes with tenants. Ensuring compliance with provincial regulations while incorporating strategic lease terms can safeguard your investment and create a smooth rental experience for all parties involved.