Being a Lessee

Death of a lessee

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.

The rights of the parties to the lease differ depending on whether or not the lessee lived with someone (i.e., an occupant, as distinguished from a co-lessee, who is a party to the lease) at the time of the lessee’s death.

No occupant was living with the deceased lessee

i) A liquidator of the succession is identified

The liquidator1 of the lessee’s 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 lessee’s death. A model notice can be found in the Forms and Notices section on the Tribunal’s website.

This period is calculated in calendar months. For instance, if the notice is sent and received on October 15, the lease will be terminated effective December 15.

What about payment of the rent?

The liquidator of the succession (or, if there is no liquidator, an heir) is required to pay the rent until the resiliation of the lease (on a prorata basis, if during the month). If, however, the deceased lessee received services of a personal nature (e.g., administering of medication, help to dress or take a bath), the liquidator is only required to pay that part of the rent that relates to the cost of such services which were provided before the lessee’s death.

The resiliation of the lease takes effect when the two-month notice period expires. The resiliation may take effect earlier, however, if the lessor and the liquidator (or the heir) so agree or if the dwelling is re-leased by the lessor during that same period.

ii) No liquidator of the succession is identified

What happens if no liquidator is identified or comes forward?

The lessor may not unilaterally terminate the lease and remove the movable property from the dwelling.

In these circumstances, failure to pay the rent would justify the lessor to file an application at the Tribunal to resiliate the lease for this reason. Such an application should be made to the deceased lessee’s succession and served at the dwelling by a bailiff.

The lessee must, however, be more than three weeks late in paying the rent.

Once legal resiliation has been obtained, the lessor must refer to a bailiff to execute the decision and thereby remove all the property from the dwelling.

Whether or not a liquidator of the succession has been identified, the lessor may prevent the lease from being renewed at its term under certain conditions.

What happens if a liquidator of the succession is identified?

The lessor may exercise his right of non-renewal of the lease if the liquidator of the succession does not avail himself of his right to resiliate the lease or delays in doing so. The lessor is not obliged to wait until the expiry of the six-month period granted to the liquidator. To do so, the lessor must send a notice to the liquidator of the succession. This notice must identify the liquidator in the following manner: “ABC XYZ in his capacity as liquidator of the succession of ABC XYZ” and be sent within the time frame specified in the table below.

What happens if no liquidator of the succession is identified?

The notice of non-renewal should be addressed to the “Liquidator of the succession of ABC XYZ” (without specifically identifying the liquidator) and served at the dwelling by the bailiff.

The time limits for the notice will vary depending on the term of the lease.

Table of notice periods

Lease term

Notice period

Lease of 12 months or more

Between 3 and 6 months
before the end of the lease

Lease of less than 12 months

Between 1 and 2 months
before the end of the lease

Lease with an indeterminate term

Between 1 and 2 months before the proposed modification

Lease of a room

Between 10 and 20 days
before the end of a lease with a fixed term or before the proposed modification if the lease has an indeterminate term

Note: The lessor must exercise this right at the earliest opportunity; i.e., when the lease is renewed for the first time after the lessee’s death.

The liquidator of the succession (or, if there is no liquidator, an heir) may, during the month in which a notice of non-renewal is received from the lessor, apply to the Tribunal to object to it. If he or she neglects to do so, he or she is deemed to have accepted the end of the lease.

The person living with the lessee at the time of his death has the right to maintain occupancy and becomes the lessee if:

  • that person continues to occupy the dwelling; and
  • notifies the lessor thereof within two months of the death.

If such a person does not avail him or herself of this right, the liquidator of the succession (or, if there is no liquidator, an heir) may, in the month that follows the expiry of this two-month period, resiliate the lease by giving the lessor notice of one month to that effect.

Can the lessor object to the occupant becoming the lessee?

No, the lessor cannot. The law grants this right to the occupant without conditions or restrictions. However, the lessee is not a new lessee within the meaning of article 1950 of the Civil Code of Québec, and consequently cannot apply to the Tribunal to fix his or her rent.

The special case of low-rental housing

In the case of low-rental housing, the occupant who avails him or herself of the right to become the lessee is not entitled to the renewal of the lease by operation of law if he or she no longer meets the requirements provided for in the regulations. The lessor may then resiliate the lease by giving a three-month notice prior to the end of the lease. The lessee may object to the resiliation, failing which he or she is deemed to have accepted it.

What about payment of the rent?

The liquidator of the succession (or, if there is no liquidator, an heir) is required to pay the rent until the resiliation of the lease (on a pro rata basis, if during the month).

If, however, the deceased lessee received services of a personal nature (e.g., administering of medication, help to dress or take a bath), the liquidator is only required to pay that part of the rent that relates to the cost of these services which were provided before the lessee’s death. The same applies to the person who was living with the deceased and who availed him or herself of the right to become the lessee.

Renunciation of a succession or expiry of the six-month period after the date of death

Revenu Québec may intervene in a succession only after having been informed of the renunciation by all the successors or if there are no known successors, upon the expiry of a six-month period after the date of death. For more information, please refer to the website of Revenu Québec.

 


1. The liquidator is the person in charge of settling a succession. He or she must ensure that the assets of the succession are managed in the interests of the heirs. To do this, the liquidator must follow a number of steps. For more information on the subject, please consult the website of the Gouvernement du Québec .