Losing a tenant can be an emotionally sensitive and legally complex situation, especially when the tenant passes away and no one steps in to manage their affairs. In Quebec, the lease of a deceased tenant doesn’t simply end — it continues under the responsibility of the succession (estate). But what happens when the succession is refused?
Let’s break down what the law says, what your responsibilities are, and the proper steps to take as a landlord in Quebec.
First, What Does the Law Say?
Under Article 1938 of the Civil Code of Québec, a residential lease does not terminate automatically upon the death of the tenant. The lease is transferred to the successor(s) or the liquidator of the estate, who can either:
- Continue the lease, or
- Terminate it early with two months’ notice.
This works well when the estate is accepted and someone is in charge. But in many cases, heirs may renounce the succession, often to avoid debts or complications.
When the Succession is Refused
If the estate is refused (also called renounced), then no one is legally responsible for the lease or the tenant’s belongings. As a landlord, you cannot simply change the locks or re-rent the unit. You’re still required to follow a legal process.
Your Legal Steps as a Landlord:
Here’s what you need to do when a tenant dies and no one claims the estate:
1. Gather Documentation
You’ll need:
- A death certificate
- A copy of the lease
- Written proof of succession refusal (from heirs or through notarial act, if possible)
2. Apply to the TAL (Tribunal administratif du logement)
You must file an application to:
- Cancel the lease
- Repossess the unit
- Obtain instructions on what to do with the tenant’s belongings
This is a formal application to end the lease due to the tenant’s death and lack of succession.
3. Request Expedited Handling
Since the unit is vacant and you’re likely incurring a financial loss, you can include a “Demande de traitement urgent” (Urgent Request) in your application. Clearly explain:
- That the lease cannot continue
- That the estate is abandoned
- That you’re losing rental income
- That you need the unit back to protect it from damage
4. Wait for the Tribunal’s Decision
The TAL may issue a judgment allowing:
- Lease termination
- Repossession of the unit
- Disposal or storage of remaining property (with conditions)
You must wait for this decision before re-renting or removing anything from the unit.
What You Shouldn’t Do
Even if the tenant’s heirs send you a letter saying they don’t want the unit:
- Do not change the locks
- Do not remove or sell any personal belongings
- Do not re-rent the unit until you receive a TAL judgment
Acting prematurely could expose you to legal consequences, including potential liability for lost or damaged property.
Can You Deposit Rent Cheques?
If the deceased tenant had issued postdated cheques or had automatic payments set up:
- You can deposit cheques issued before their death.
- You should not accept or deposit payments from third parties (like family) without a legal agreement, as this could imply a continuation of the lease.
Final Thoughts
This is one of those rare situations where being a landlord requires both legal knowledge and patience. While it might feel tempting to act quickly and reclaim your unit, the risk of doing so without Tribunal approval is simply too high.
If you ever find yourself in this situation, consider consulting a notary or legal professional to ensure your file is complete and your actions are protected.
Have questions about being a landlord in Quebec? Thinking about buying or managing rental properties? Reach out to me, I’m here to help you navigate the legal side of real estate with confidence.
