There are certain particularities that apply to a student lessee when that student lives in a residence managed by an educational institution. In fact, there are specific rules for a lease with an educational institution, found in articles 1979 to 1983 of the Civil Code of Québec.
Unlike leases for other dwellings, the lease of a room from an educational institution is not renewed by operation of law.
A student who leases a dwelling from an educational institution is entitled to maintain occupancy for any period during which he or she is enrolled in the institution as a full-time student, but loses that right if he or she leases a dwelling from an institution other than the one in which he or she is enrolled. A student who has a lease for the summer period only is not entitled to maintain occupancy either.
A student who wants to benefit from the right to maintain occupancy must give notice one month before the expiry of the lease, indicating his or her intention to renew it. However, the educational institution may, for a serious reason, relocate the student in a dwelling of the same type as the one occupied, located in the neighbourhood, and at equivalent rent.
A student who lives in a residence managed by an educational institution cannot sublet the dwelling or assign the lease.
An educational institution may resiliate the lease of a person who ceases to be a full-time student. However, the institution must give prior notice of one month, which may be contested as to its merits, in the month following its receipt. Likewise, a student may resiliate the lease.
A student’s lease is resiliated by operation of law when the student completes his or her studies or ceases to be enrolled in the educational institution.
The lessor (the educational institution) must use the mandatory Régie du logement form entitled Lease in an Educational Institution. The particulars appearing in this form describe most of the rights and obligations of educational institution lessors and student lessees.