The deposit of the rent
In Quebec, article 1904 of the Civil code of Quebec states that the lessor cannot require that each payment exceed one month of rent: he can require in advance only the payment of the first term of rent or, if this term exceeds one month, the payment of more than one month of rent.
He cannot either require an amount of money other than the rent, in the form of a deposit or require, for the payment, the handing-over of a post-dated cheque.
Post-dated cheques
If the agreed upon rent is an amount of money, the payment can be made in current currency (Canadian currency), by money order, certified cheque, mandate or banking draft. It is important to stress that the parties can agree on another mode of payment: credit card, transfer of funds, direct payment. The ordinary cheque is generally accepted because it is a mode of payment practical for everyone. But it should be known that the owner is not held to accept it unless there has been agreement to this end. The rent is then technically paid when the cheque is honoured by the financial institution. Moreover, he is not held to accept a partial payment. It is important to note that the parties can, by mutual agreement, accept payment by post-dated cheques. However, an owner in
End of the lease: notice and delays
Article 1946 of the Civil code of
“A lessee who has not received a notice of modification of the conditions of the lease from the lessor may avoid the renewal of a lease with a fixed term or terminate a lease with an indeterminate term by giving notice of non-renewal or resiliation of the lease to the lessor, within the same time as a lessor giving notice of modification.”
Transfer and subletting
The owner having received a notice of transfer or subletting must answer within fifteen (15) days of the date of the reception of the aforementioned notice, and this, to inform the tenant if he accepts or refuses the person proposed. If he does not answer, he is supposed to have accepted. On the one hand, if he accepts, the owner has the right to claim from the tenant the refunding of the incurred expenses (costs of credit investigation). In addition, if the owner refuses the person proposed, he must have serious reasons for refusal. For example, the bad behaviour of the person can be a serious reason, just like his incapacity to pay the rent.