At first glance, the difference between a condo vs apartments in Quebec seems simple – one you own, the other you rent.
But legally, they belong to two completely different systems and, in practice, they tend to attract people seeking very different lifestyles and financial goals.
In this article we will explain the differences between condo and apartments including:
- What is a condo?
- What is an apartment?
- What are the differences between apartments vs condos
- Condos vs apartments, which is best for me?
What is a condo?
A condo, otherwise known as a condominium, is a type of property ownership where you own your individual unit but you share ownership of common areas (e.g. the lobby, hallways, roof, gym, garden, or parking) with the other unit owners. In the Civil Code of Quebec (C.c.Q), this type of ownership is called a co-ownership.
“Co-ownership exists where ownership of the same property is shared by two or more persons.” — Article 1010 C.c.Q.
Since, the term “condo” refers to a type of ownership, you can have condo apartments, condo townhouses or even detached condo homes. What makes it a condo is that each owner owns a private portion (their unit) and shares common portions (like the land, walls, or amenities).
However, since “condo” is not a legal word, mostly when people speak about condos in Quebec, they are actually speaking about a specific type of co-ownership called a “divided co-ownerships” (copropriétés divises), which are governed by Articles 1038–1109 of the Civil Code of Quebec.
Different types of Condo
The OACIQ (the real-estate regulator) identifies three different types of co-ownership in Quebec. These are:
Since the term “condo” is most often used to describe a divided co-ownership, that’s how we’ll use the term throughout this article.
For a detailed explanation of the legal differences between divided and undivided co-ownership, see our guide: Divided Vs Undivided Co-Ownership: What Are the Differences?.
Please note that co-ownership by shares is not defined in the Civil Code of Québec, but the OACIQ includes it because it’s a structure that buyers and brokers may still encounter in practice.
What is an apartment?
In Quebec, an apartment usually means a unit in a multi-unit building that you rent from a landlord. Think of a standard rental agreement between you and a landlord.
In this case, you do not own the apartment, you sign a lease for its use and pay monthly rent to the landlord. The building is owned by one person or company who is responsible for maintenance, insurance, property taxes and so on. This could be duplex, triplex or an apartment tower owned by a single landlord.
Insider Tip
“Dwellings” (logements) — meaning any place used as a residence.
“Leases of dwellings” (baux de logement) — the legal framework that governs rental apartments.
Both of these terms are covered under Articles 1892 to 2000 of the Civil Code of Québec.
So when you rent what people call an apartment, the legal term for that is actually a dwelling under a residential lease. This is important to know because any disputes that arise between tenant and landlord will be handled by the Tribunal administratif du logement (TAL). Whereas, disputes arising in a condominium will be directed to the civil courts (Cour du Québec or Superior Court), depending on the amount or nature of the claim.
What is the difference between apartment vs condo at a glance
The table below shows the difference between condos and apartments at a glance.
| Feature | Apartment | Condo |
| Monthly payment | Lower – in the form of rent | Higher – in the form of mortgage + condo fees |
| Ownership | You rent | You own |
| Legal structure | Lease agreement | Divided co-ownership |
| Who maintains the building? | Landlord | Syndicate of co-ownership |
| Monthly payment | Rent | Mortgage + condo fees |
| Flexibility | Easier to move | Can sell or rent out |
| Governed by | Rental laws (TAL) | Civil Code, Articles 1038–1109 |
Let’s break down each of these differences between condos vs apartments now.
Monthly payment
Owning a condo usually comes with higher ongoing costs than renting an apartment. In addition to mortgage payments, owners must pay monthly condo fees, property taxes and contribute to the contingency fund reserve (Bill 16) and maintenance log (Bill 141). On top of that, there are often mandatory renovations or replacements required by the syndicate or by law. For example, replacing your water heater every 10 years for insurance and safety reasons.
While these costs can make ownership more expensive month to month, part of each mortgage payment builds equity, and the condo itself may appreciate in value over time. This will help offset the higher expenses. Apartment renters, by contrast, pay less upfront and have fewer responsibilities, but their payments do not build ownership or long-term value.
Ownership
In a condo, ownership comes with shared legal duties. Every owner is responsible for maintaining their private unit, paying condo fees and taxes, and contributing to the upkeep and proper management of the common areas. These responsibilities are described in Articles 1063 to 1077 of the Civil Code of Québec. Therefore, in addition to higher costs, owners will need to dedicate a couple of hours per month to fulfilling their duties.
Together, the owners form the syndicate of co-ownership, which elects a board of directors to manage the building on their behalf. This board of directors is normally composed of owners and is responsible for the day to day operations of the condo, although they can appoint a property management company to execute operations, they remain personally liable.
The directors are legally bound to act in the best interests of all co-owners. They oversee budgets, enforce by-laws, maintain the property and ensure compliance with provincial laws such as Bill 16 and Bill 141. If they act negligently or fail to fulfill these duties, they can be held personally liable under the Civil Code of Québec. For example, if a director loses their job, and decides to cut condo fees, this could be a breach of their fiduciary duty and a form of mismanagement.
By contrast, apartment tenants have very few responsibilities. The landlord manages and maintains the building, while tenants are simply required to pay rent, follow their lease and keep their unit in good condition.
Flexibility
When it comes to flexibility, apartments generally offer more freedom than condos.
Tenants can usually move out by giving proper notice (normally three months), or under Articles 1870 to 1871 of the Civil Code of Québec, tenants also have the right to sublease or assign their lease, provided they notify the landlord in writing.
By contrast, condo owners are bound by longer-term commitments such as mortgages, resale timelines and co-ownership rules. If you plan to rent out your condo, it is essential to first review your building’s declaration of co-ownership and by-laws. Some syndicates restrict or even prohibit rentals, while others limit the number of units that can be leased at one time. These rules are legally binding and are enforced to preserve building security, community stability and insurance eligibility.
Short-term rentals such as Airbnb are especially restricted in Quebec. In most municipalities, including Montreal, short-term rentals (under 31 days) are only permitted in zones specifically authorized for tourist accommodation and must comply with provincial registration requirements under the Act Respecting Tourist Accommodation Establishments. In many condo buildings, the by-laws outright ban Airbnb-style rentals.
In short, while condo ownership can offer long-term stability and potential rental income, it comes with stricter limits on how and when you can rent or use your property, compared with the flexibility of renting a regular apartment.
Legal structure
In a condo, ownership is governed by a divided co-ownership structure (copropriété divise) set out in the Civil Code of Quebec. Each owner holds title to their private unit and a share of the common areas, managed collectively through a syndicate of co-ownership.
Meanwhile, in an apartment, there is no ownership structure for the tenants, the entire building belongs to one landlord, and occupancy is based on a lease agreement governed by the Civil Code’s residential lease provisions and the Tribunal administratif du logement (TAL).
Who maintains the building?
In a condo, maintenance of the building’s common areas such as the roof, structure and hallways is handled by the syndicate of co-ownership. To do this they use funds collected from owners through monthly condo fees and special assessments. Meanwhile each owner is responsible for maintaining their own private unit.
By contrast, in an apartment, the landlord is responsible for all building maintenance, including common areas and major repairs, while tenants are only expected to keep their individual units clean and in good condition.
Governed by
In a condo, disputes and governance issues fall under the Civil Code of Québec and are handled through the civil courts (usually the Cour du Québec or the Superior Court, depending on the case). Owners can request access to financial records, call meetings or take legal action if they believe that the syndicate or its directors fail to meet their obligations.
In an apartment, all rental relationships between landlords and tenants are governed by the Tribunal administratif du logement (TAL), which handles disputes related to leases, rent, maintenance, and tenant rights.
Insider Tip
Conclusion: Condos vs Apartments, which is better for me?
Whether a condo or an apartment is the better choice really depends on your goals, budget and what lifestyle you desire.
If you want stability, long-term investment and a sense of ownership, a condo can be rewarding but it comes with shared legal and financial responsibilities. You’ll need to stay involved in decisions about the building, follow provincial laws like Bill 16 and Bill 141, and budget for fees, repairs and reserve fund contributions.
If you value flexibility, lower short term monthly costs and fewer obligations, an apartment may suit you better.
Renters avoid maintenance headaches and legal risks, though their payments don’t build equity or ownership. Furthermore, rent typically increases by 2–4% per year on average in Quebec, depending on market conditions and TAL guidelines, whereas a mortgage rate can remain fixed for up to five years, providing more payment stability.
Ultimately, buying a condo means joining a community with collective accountability, while renting an apartment means enjoying personal freedom and predictability. The right choice depends on whether you prefer the control and commitment of ownership or the ease and flexibility of renting.
