A property owner in Montreal wants to include a clause in a fixed-term residential lease that allows for early termination by either party with 60 days' notice. Is this permissible under the Civil Code of Quebec?

Question: A property owner in Montreal wants to include a clause in a fixed-term residential lease that allows for early termination by either party with 60 days' notice. Is this permissible under the Civil Code of Quebec?

Answer options:

• Yes, as long as it is mutually agreed upon by both parties and clearly stated in the lease. ✅ No, a fixed-term lease cannot be terminated early by either party without mutual consent, assignment, or order of the Régie du logement (Tribunal administratif du logement).
• Yes, landlords can always include early termination clauses if they are fair and provide adequate notice.
• Only if the early termination clause is specific to non-payment of rent or significant lease violations.

Correct answer: No, a fixed-term lease cannot be terminated early by either party without mutual consent, assignment, or order of the Régie du logement (Tribunal administratif du logement).

Explanation: Under the Civil Code of Quebec, a fixed-term lease is binding for its entire duration. Early termination clauses allowing either party to unilaterally break the lease are generally not permissible; the lease can only be terminated early by mutual consent, assignment, or a decision from the Tribunal administratif du logement (Régie du logement).