Residential lease · Civil Code of Quebec
A landlord can neither terminate alone nor empty the dwelling. Here are the exact deadlines.
The principle
The Administrative Housing Tribunal states it plainly: "The death of a lessee does not terminate a lease. The lease continues until the end of its term and may be renewed in the name of one or all of the heirs. The lessor may not unilaterally terminate the lease and remove the movable effects from the dwelling."
Case 1: nobody was living with the tenant
Article 1939: "the liquidator of the succession or, if there is no liquidator, an heir may resiliate the lease by giving the lessor two months' notice within six months after the death. The resiliation takes effect before the two-month period expires if the liquidator or the heir and the lessor so agree or when the dwelling is re-leased by the lessor during that same period."
The Tribunal's own example: a notice sent and received on October 15 terminates the lease effective December 15. Rent is owed until resiliation, prorated where the month is partly run.
Case 2: someone was living with the tenant
Article 1938: "A person living with the lessee at the time of death of the lessee has the same right and becomes the lessee if he or she continues to occupy the dwelling and gives notice to that effect to the lessor within two months after the death."
If that person does not use the right, the liquidator or an heir has the month following the expiry of that two-month period to resiliate, on one month's notice.
Services of a personal nature
An adjustment people miss. Where part of the rent covers services of a personal nature provided to the tenant, the liquidator or heir "is only required to pay that part of the rent that relates to the services which were provided during the lifetime of the lessee".
What it means for an owner
No unilateral move. Not changing the lock, not removing furniture, not re-leasing before resiliation. A dwelling occupied by a succession is still a leased dwelling, and a building sold in that situation is sold with that lease.
Where this actually lands: at purchase, not after
These rules have one thing in common. They are not discovered while managing a building, they are discovered while buying one. A lease carrying a void clause, a deposit that was never lawful, a dwelling occupied by a succession, a subdivision project the law has suspended: each of those is sold along with the building.
That is why we read the leases, the building's tax position and the history of notices before making an offer on a plex, never after acceptance.
Three habits before buying a rental property
- Ask for every lease and its schedules, not just the rent roll. The clauses hide in the schedules.
- Have the tax modelled before the offer, including the seller's CCA position and what you intend to do with your own.
- Check what the law still permits for your plan. Repossession, eviction and conversion rules have changed and keep changing.
Related
Frequently asked
Does a lease end when the tenant dies?
No. The Tribunal is explicit that the lease continues to its term and may be renewed in the name of the heirs.
What is the deadline to terminate after a death?
Two months' notice, given within six months after the death (art. 1939).
Does the person living with the tenant have to leave?
No, if they continue to occupy the dwelling and notify the lessor within two months of the death, they become the lessee (art. 1938).
Sources: the official English version of the Civil Code of Quebec (legisquebec.gouv.qc.ca), the Administrative Housing Tribunal (tal.gouv.qc.ca), Canada Revenue Agency guide T4036 Rental Income and Revenu Quebec, consulted 11 September 2026. This page informs; it is neither legal nor tax advice. For a specific situation, consult a notary, a lawyer or an accountant.
Published by the Loaa & Manseur team, number one team at RE/MAX Platine in 2024 and 2025. Tell us about your project.