Security deposits: the PCQ wants to change article 1904

Quebec Election 2026 · Residential lease

In Quebec, demanding a security deposit is illegal. One party proposes to change that.

Security deposits: the PCQ wants to change article 1904

The rule today

Article 1904 of the Civil Code of Quebec: "The lessor may not exact any instalment in excess of one month's rent; he may not exact payment of rent in advance for more than the first payment period or, if that period exceeds one month, payment of more than one month's rent. Nor may he exact any amount of money other than the rent, in the form of a deposit or otherwise, or demand that payment be made by postdated cheque or any other postdated instrument."

This is one of the least known Quebec particularities. Everywhere else in Canada the security deposit is standard. Here it cannot be demanded.

What the PCQ proposes

The plan released on 11 September 2026 by Eric Duhaime would allow security deposits, and revise rent control by exempting vacant and renovated units.

The plan also carries a construction component: loosening the CCQ regime, partially removing residential work from the R-20 statute, and cutting the number of regulated trades from 25 to 7, as in Ontario, with interprovincial labour mobility.

Why it matters even if it is never adopted

Because the current rule applies today. And it shows up in real transactions.

When we analyse a plex, a seller sometimes mentions "deposits held" for certain units. That is not an asset, it is a non-compliant practice the buyer inherits with the building. Same for leases carrying prohibited fees: a void clause does not become valid because someone signed it.

The word that decides

"Exact." The law does not make the tenant's gesture illegal, it makes the landlord's demand illegal. A tenant who freely offers postdated cheques does nothing wrong. A landlord who makes it a condition of the lease does.

What this says about the rest of the campaign

The five parties are not talking about the same thing. Some target access to ownership through taxation, others the price of rents, others the cost of construction. A plex owner and a first-time buyer are therefore not affected by the same promises, and often not in the same direction.

Our rule on this page

We report what each party wrote, with the published figures and the source. We tell nobody how to vote, we do not predict the result, and we do not turn a promise into a certainty. An election platform is not a law: it becomes one only if a government tables it, passes it and sets its terms.

The most useful distinction for you is not who is right. It is knowing what applies today and what stays conditional.

Related

Frequently asked

Are security deposits legal in Quebec?

No. Article 1904 of the Civil Code prohibits a lessor from exacting any amount other than rent, as a deposit or otherwise.

What does the PCQ propose?

Allowing security deposits and exempting vacant and renovated units from rent control, per its plan of 11 September 2026.

Is a deposit already collected valid?

A clause contrary to the law does not become valid because it was signed. It is a point to check in the leases before buying a building.

Primary sources, consulted 13 September 2026: Revenu Quebec (tax news of 21 April 2026), the Quebec Department of Finance explanatory document on the refundable tax credit for home ownership access (17 April 2026), Elections Quebec, Radio-Canada (Liberal financial framework, 13 September 2026), plq.org, pq.org, the Quebec solidaire release distributed by CNW (30 August 2026), the PCQ plan (11 September 2026), and APCIQ (4 September 2026). This page reports what each party published. It endorses no party and is neither tax nor legal advice.

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