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Separation and divorce

Moving before the lease ends

You’re a tenant and you’re separating? A divorce or separation doesn’t allow you to terminate your lease before it expires. This means that you’re still responsible for paying the rent. However, there are many ways to be relieved of this responsibility.

 

Check if your name appears on the lease. Paying part of the expenses related to the dwelling doesn’t necessarily make you a tenant. If you’re not a tenant, you don’t have to stay in the dwelling and can move out whenever you wish.

If your dwelling is in low-rental housing or in a student residence, there are specific rules to terminate your lease.

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Low-Rent Housing (Éducaloi)

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Students (Tribunal administratif du logement)

If you feel that your safety or your children’s safety is at risk, in some cases you may be able to resiliate your lease.

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Ending a Lease for Spousal or Sexual Violence (Éducaloi)

Reaching an agreement with the landlord to resiliate the lease

It may be beneficial to both you and your landlord to reach an agreement to resiliate (in other words, terminate) the lease before the expiry date.

After the date of resiliation, you will be released from your obligations as a tenant and can therefore move out. The landlord may once again use the dwelling as he or she sees fit, whether to lease it again or to consider other projects.

There are no specific rules governing a resiliation agreement. You have to negotiate with your landlord.

You can start by informing your landlord that you want to resiliate the lease and telling him the date you would like the lease to end.

If your landlord is reluctant to resiliate your lease, you can suggest an arrangement such as paying compensation or a portion of the remaining rent.

In any case, if you reach an agreement, it is important to put it in writing. This will be your proof that you’re no longer responsible for the dwelling.

Here is an example of lease resiliation agreement.

Resources

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Warning

The information presented on this page is not a legal opinion or legal advice. This page explains in a general way the law that applies in Quebec. To obtain a legal opinion or legal advice on your personal situation, consult a legal professional.

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