Landlord-Tenant Disputes Lawyers

A landlord tenant lawyer helps you when a residential lease turns into a dispute: unpaid rent, a repossession or eviction notice, a refused rent increase, repairs that never happen or trouble with a neighbour. On this page you can compare lawyers who handle housing disputes in Quebec, whether you are a landlord or a tenant, see their rates and availability, and book a consultation online.

Landlord-tenant disputes are one part of real estate law. For buying, selling, co-ownership and other property matters, see our page on real estate lawyers.

What a landlord-tenant lawyer does

Lawyers in this area work for both sides. Depending on your situation, a lawyer can:

• Assess your position: read the lease and the notices exchanged, and tell you what the law allows and what it does not.
• Write or answer a notice: a formal demand, a notice of rent increase, a repossession notice or a reply to one.
• Prepare a case: file an application at the tribunal, or answer one filed against you, and organize the evidence.
• Negotiate: reach a settlement with the other party before or after a case is opened.
• Represent you at the hearing: present the evidence, question witnesses and argue the case.
• After the decision: explain whether it can be reviewed or appealed.

The Tribunal administratif du logement (TAL)

In Quebec, most disputes about a residential lease go to the Tribunal administratif du logement (TAL), which used to be called the Régie du logement. It hears applications from landlords and from tenants. Commercial leases are a different matter: those disputes go to the regular courts, not the TAL.

Common landlord-tenant disputes

• Non-payment of rent: a landlord can ask the TAL to recover unpaid rent and, when the tenant is late long enough under the law, to terminate the lease.
• Repossession and eviction: a landlord may take back a dwelling to live in it or house certain relatives (repossession), or evict a tenant to subdivide, enlarge or change the use of the dwelling. Both require proper notice, and a tenant can refuse, in which case the landlord must convince the TAL.
• Renovictions: major work is sometimes used as a pretext to push tenants out. A landlord who plans major work must give notice, and the tenant has rights about the conditions, any temporary move and compensation. A tenant who believes the work is a disguised eviction can challenge it.
• Rent increases and lease renewal: in general, a residential lease renews automatically. A landlord who wants to raise the rent or change a condition must send a notice, and the tenant can refuse. The landlord can then ask the TAL to set the rent.
• Repairs and unsanitary dwellings: a landlord must deliver and keep the dwelling in good repair and fit for habitation. A tenant facing mould, pests, heating or water problems can ask the TAL for an order to do the work, a rent reduction or damages. Withholding rent without the tribunal's authorization is risky.
• Lease assignment and subletting: a tenant who wants to assign the lease or sublet must notify the landlord, who can refuse only in the situations the law allows. The rules on refusal have changed in recent years, so check the current position before you act.
• Deposits: in general, a Quebec landlord cannot require a security deposit or a damage deposit. The most a landlord can usually ask in advance is the rent for the first payment period.
• Noise and neighbours: every tenant is entitled to the peaceful enjoyment of the dwelling. A tenant disturbed by a neighbour can ask the landlord to act, and a landlord can take steps against a tenant whose behaviour seriously disturbs others.

Hearings at the TAL: do you need a lawyer?

Not always. Many landlords and tenants represent themselves at the TAL, and the tribunal is designed to be accessible. A lawyer can still make a real difference when the stakes are high: a termination of the lease, a contested repossession, a large claim for damages, several tenants or dwellings, or a case with conflicting evidence.

Some people hire a lawyer only for part of the work, such as reviewing the application, preparing the evidence or getting ready for the hearing, and then present the case themselves. Ask about this option when you book.

Hearings follow a set order: each party presents its evidence, the other side can ask questions, and a decision is issued afterwards. Photos, the lease, notices, messages and receipts are often what the case turns on.

Conciliation and settlement

Not every dispute needs a hearing. The TAL offers a conciliation service in some cases, where a neutral person helps the landlord and tenant reach an agreement. Parties can also settle on their own at any time. A lawyer can advise you before conciliation and review an agreement before you sign it. Éducaloi also explains the rules on renting in plain language.

When to get a lawyer

• You received an application from the TAL, or a notice of repossession, eviction or major work.
• The landlord is asking the tribunal to terminate your lease.
• A tenant owes significant rent or has caused serious damage.
• You refused a rent increase, or a tenant refused yours, and you do not agree on the new rent.
• The dwelling has serious repair or health problems and nothing is being done.
• Deadlines to answer a notice or to contest a decision may be close.

Preparing for your consultation

Bring the lease and any renewals, every notice you sent or received, the TAL application if there is one, your rent receipts or payment records, photos and messages about the problem. Write a short timeline of what happened. Ask the lawyer how they charge and whether they can help with only part of the file.

Compare and book on JustiConnect

Browse the lawyers listed below, filter by location, rates and availability, and book a consultation directly. You can also search all landlord-tenant lawyers or see landlord-tenant lawyers in Montreal. Not sure who to pick? Our guide on how to choose a lawyer in Quebec can help.

Frequently asked questions

What type of lawyer deals with landlord-tenant disputes?

A lawyer who practises residential lease or real estate litigation. In Quebec, look for someone who regularly appears at the Tribunal administratif du logement and who acts for your side, landlord or tenant.

Is the TAL the same as the Régie du logement?

Yes. The Régie du logement was renamed the Tribunal administratif du logement. It still hears most disputes about residential leases in Quebec.

Can I go to the TAL without a lawyer?

Yes. Many people represent themselves. A lawyer is most useful when the case is complex, the stakes are high or the other side is represented.

Can a landlord ask for a security deposit in Quebec?

In general, no. A landlord cannot require a security or damage deposit. The most a landlord can usually ask in advance is the first payment of rent.

Can a tenant refuse a rent increase?

Yes. The tenant can refuse the increase and stay in the dwelling. The landlord can then ask the TAL to set the rent.