Platuni

Quebec Landlord Compliance · Return a deposit

Renting a Condo in Montréal: What Move-In Rules Can the Condo Syndicate Require?

A Montréal owner books the elevator for a tenant's move-in and receives a request from the syndicate for a damage deposit and a staff overtime charge. The first instinct is to add both to the lease. In Quebec that instinct runs into a Civil Code rule on deposits, and the owner ends up paying out of pocket.

Written by Platuni

The short answer

  1. 1.The syndicate's move-in rules come from the declaration and by-laws, and the syndicate deals with the owner, not the tenant. Move fees, elevator charges, and any damage deposit are payable by the owner, usually in advance. [Association des propriétaires du Québec (APQ), renting out your condo]
  2. 2.A syndicate's damage deposit does not cap the owner's liability. The owner remains fully responsible for damage to the common portions caused by the tenant or the movers, and may pursue the tenant afterwards. [APQ, renting out your condo]
  3. 3.The owner generally cannot pass those costs to the tenant. A landlord may require only the first month's rent in advance and may not demand any other money, deposit or otherwise, or post-dated cheques. [Civil Code of Québec, art. 1904]
  4. 4.Pets are governed by two layers: the declaration's rules and the lease. A recent Tribunal administratif du logement (TAL) ruling found a blanket no-pet clause contrary to the Quebec Charter in one case, and an appeal has been authorised, so the law is unsettled and fact-specific. [TAL decision of March 12, 2026, as reported; APQ, June 2026]
  5. 5.Parking depends on how the space is classified in the declaration: a private portion with its own cadastral number, a common portion with restricted use, or an unrestricted common portion. Spaces default to common portions if the declaration is silent. [Organisme d'autoréglementation du courtage immobilier du Québec (OACIQ), parking spaces]
  6. 6.The 15-day notice to the syndicate and delivery of the by-laws to the tenant still apply. Both come before the moving truck, not after. [Civil Code of Québec, arts. 1057, 1065]

This Covers

  • · Why the syndicate's move-in costs land on the owner and cannot simply be added to the lease
  • · Where Quebec's pet rules stand after a 2026 ruling that has not yet settled the question
  • · Why a parking space in the listing may not be a space the owner can lease

Usually Exempt

  • · Rental restrictions and the 2025 case on short-term rental by-laws, covered in Platuni's separate Montréal rental-restrictions guide
  • · Tenant registration and the 15-day syndicate notice, covered in Platuni's separate Montréal tenant-registration guide
  • · Fines, penalties, and violations after move-in, covered in Platuni's separate Montréal tenant-violations guide

1. The syndicate bills the owner, not the tenant

The practical rules start in the building's documents. Guidance from the Association des propriétaires du Québec tells an owner to read the declaration and any by-laws for moving regulations, which may require advance notice of the move date, an elevator reservation, a specific unloading location, or use of the underground garage instead of the lobby.

Money follows the same path. The owner, not the tenant, pays the syndicate's additional costs, such as overtime for staff supervising a move, and those charges are normally payable in advance. Some by-laws also require a damage deposit held by the syndicate as partial protection for the common portions.

Do this instead

Before the tenant signs, ask the syndicate or its manager for the move-in rules, the fee schedule, and the deposit terms in writing. Budget the cost as your own, and book the elevator before you hand over the keys.

2. A damage deposit isn't a ceiling

Owners sometimes read a deposit as a limit: if the syndicate holds $500, the worst outcome is losing $500. The same guidance says otherwise. The deposit is only a partial guarantee, and the owner stays fully liable for the cost of damage caused by the tenant or the movers. The owner may then claim against the tenant.

Documenting the condition of the common portions on the day of the move protects both sides. The syndicate's own records may show it, and a dated set of photos from the owner adds to the file.

Do this instead

Photograph the elevator, hallways, and entrance before the move and again afterward, and send the syndicate a short note confirming the condition. If damage occurs, tell the tenant in writing the same day and keep the record.

3. Why you can't bill the tenant for any of it

Quebec's Civil Code limits what a landlord may collect. Article 1904 allows the first month's rent in advance and forbids requiring any other money, whether described as a deposit or otherwise, as well as post-dated cheques. Tribunals have ordered refunds of deposits dressed up as selection requirements, including key, parking, and pet deposits.

A move-in fee or elevator deposit that the syndicate imposes is the owner's expense. Adding it to the lease as a tenant charge invites a refund order and could cost more in time than the fee itself. The sources reviewed describe the rule as one landlords cannot sidestep by contract, though tenants may in some cases waive it voluntarily, and a waiver is not something to build into a lease.

The practical alternative sits in the rent. An owner who wants to recover move-in costs prices them into the monthly rent when setting it.

Do this instead

Keep the lease free of move-in fees, damage deposits, key deposits, and post-dated cheques. Collect only the first month's rent in advance, and treat the syndicate's charges as your own cost of renting the unit.

4. Pets: two layers, and one unsettled question

Start with the declaration. A building's rules may ban pets entirely or limit the type, size, or number, and the tenant has to comply with both the lease and the condo's by-laws. The by-laws bind the tenant once a copy has been delivered.

The lease layer has become less certain. On March 12, 2026, a TAL administrative judge ruled that a general ban on keeping an animal in a rental unit was an unacceptable intrusion into family life and violated the Quebec Charter, in a case where the tenant's pets had caused no documented damage for years. Reports describe it as a single-case decision, and the Association des propriétaires du Québec reported in June 2026 that the Court of Québec had authorised an appeal. It advises landlords that no-pet clauses can still be used in new leases, while making exceptions for assistance animals.

For a condo owner, two points follow. A ruling aimed at a landlord's lease clause does not by itself address a restriction that comes from the declaration, which has its own test under article 1056 (justified by the building's destination, characteristics, or location). And a blanket lease ban with no real reason behind it is more exposed than it used to be.

Do this instead

Check the declaration's pet rules first and quote the exact provision to any applicant who asks about animals. If you add a pet clause to the lease, tie it to the declaration, state a specific reason, and treat any assistance-animal request as a Charter question to be handled with legal advice, not a bylaw breach.

5. Parking: classify the space before you advertise it

Quebec condo parking comes in three forms. A private portion has its own cadastral number, a relative value, and a tax account. A common portion with restricted use has no cadastral number but an exclusive right of use. An unrestricted common portion belongs to everyone with no exclusive right. If the declaration doesn't say, the space defaults to a common portion.

Many owners believe they bought a space when they only hold a right of use. A tenant promised "one parking space included" can end up with nothing if the space is not the owner's to lease, or if a neighbour who allowed informal use withdraws permission.

Substantive review means an editor checked this article against the current Civil Code of Québec provisions on co-ownership and leasing and published guidance from Quebec landlord and real estate organisations. What a specific building's declaration and by-laws require for moves, deposits, pets, and parking, and how the courts resolve the pending appeal on no-pet clauses, depend on that syndicate's registered documents and on developments after this review; verify current requirements with the syndicate, its manager, or a Quebec co-ownership lawyer before relying on this for a specific move-in. This is general information, not legal advice. Corrections: compliance@platuni.com

Reading this as a tenant?

The syndicate's move-in fees and damage deposit are your landlord's cost, not yours, and a landlord can't lawfully ask you for a deposit beyond the first month's rent. You still have to follow the building's moving rules and any pet rules in the by-laws, which bind you once you've been given a copy. If your lease promises a parking space, ask which space and how the landlord holds the right to it.

Sources and review

  1. 1.Civil Code of Québec, arts. 1056, 1057, 1065 (co-ownership), art. 1904 (rent and deposits). Checked 5 Oct 2026.
  2. 2.Association des propriétaires du Québec (APQ), "You're renting out your condo: your new tenant is moving in soon," and "Clauses prohibiting animals: the Court of Québec authorizes the appeal of a controversial TAL decision" (June 2026). apq.org. Checked 5 Oct 2026.
  3. 3.Hamdan Immobilier, "No-pet clause in Quebec: TAL rules it violates Charter rights." hamdanimmobilier.com. Checked 5 Oct 2026.
  4. 4.Organisme d'autoréglementation du courtage immobilier du Québec (OACIQ), practice guide on parking spaces in co-ownership. oaciq.com. Checked 5 Oct 2026.
  5. 5.Lambert Avocats, guidance on deposit requests under article 1904. lambertavocats.ca. Checked 5 Oct 2026.
  6. 6.tenantrights.ca, "Pets in condos vs apartments: Quebec tenant rules explained." Checked 5 Oct 2026.

Substantive review means an editor re-checked each cited section against the current code, not that the page was re-saved. Corrections: compliance@platuni.com.

Frequently asked questions

Can a Montréal syndicate charge a move-in fee for my tenant?

It can charge the owner under the building's rules, and those charges are normally payable in advance. The tenant is not the syndicate's counterparty.

Can I charge my tenant for the move-in fee or a damage deposit?

No. Article 1904 limits a landlord to the first month's rent in advance and forbids other deposits and post-dated cheques.

If the syndicate holds my damage deposit, is my liability capped at that amount?

No. The deposit is a partial guarantee. You stay responsible for the full cost of damage caused by your tenant or the movers.

Can I forbid pets in the lease?

It is unsettled. A March 2026 TAL ruling found a blanket ban unacceptable in one case, an appeal has been authorised, and a declaration's pet rules are tested separately. Get legal advice before relying on a no-pet clause.

Does my tenant automatically get the unit's parking space?

No. It depends on whether the space is a private portion, a restricted-use common portion, or an unrestricted common portion, and the declaration decides which.