GENERAL RIGHTS AND OBLIGATIONS

The present is an overview of landlords and tenants rights and obligations regarding a residential dwelling. For more information on the landlord-tenant relationship, click here.

THE PEACEABLE ENJOYMENT OF THE PROPERTY:

Pursuant to article 1854 of the Civil Code of Quebec, the landlord is bound to provide the tenant with the peaceable enjoyment of the leased property throughout the term of the lease. Therefore, both the tenant and the landlord are entitled to make sure the premises are well-maintained and habitable.

RIGHT TO PRIVACY:

The Charter of Human Rights and Freedoms and the Civil Code of Québec both guarantee the right of every person to the respect of his private life. The landlord cannot, without proper authorization from the tenant, visit the leased premises with potential clients or buyers.

Except in case of an urgency, the landlord must give the tenant a 24 hour notice prior to such a visit.

REPAIRS:

Depending on the nature of the repairs and/or renovation to which it is appropriate to proceed, it may be of the landlord or the tenant’s responsibility to pay the costs, or even shared between them.

The tenant, according to the Civil Code of Quebec, is bound to make all necessary minor maintenance repairs.

On the other hand, the landlord is responsible for all other “necessary” repairs, meaning those resulting from normal aging or superior force.

URGENCY:

While the tenant has the right to the peaceable enjoyment of the leased property, the landlord also has the right to ensure the same. This results in the possibility, for the landlord, to require the tenant to temporarily vacate the leased property, should urgent and necessary repairs arise. One should not forget that the whole is subject to the appreciation of the judge, each case being unique. Nevertheless, such a situation entitles the tenant to an indemnity payable by the landlord.

In all other cases, the landlord who wishes to repossess the leased premises requires the authorization of the responsible court, in this case the Rental Board.

Furthermore, the landlord must inform the tenant of the urgent and necessary repairs as soon as possible.

Should the landlord neglect to proceed to necessary and urgent repairs, the tenant is entitled to proceed himself to said repairs and claim the reimbursement of the costs.

HARASSMENT:

Should you experience any form of harassment, such as an invasive and/or choleric attitude, abusive language or any other inappropriate behavior, a lawyer will help you defend your rights.

The harassment problematic in a residential leasing context shows itself in situations where divergent or opposing interests are meeting. A perfect example stands out from the right for the landlord to visit the leased property in order for him to ascertain its condition. However, the landlord is also bound to exercise this very right in a reasonable manner.

Therefore, there is a thin line between, on one side, the normal proceeding to a respectful verification made in good faith and on the other side, leading to the prejudice of the tenant’s private life.

While customary for the landlord to schedule visits with a 24 hours notice in order to inspect the dwelling, you must be vigilant as a tenant since imposing an unreasonably high frequency of unexpected visits can be intrusive, thus prejudicing your right to private life.

SUBLEASING OF THE PROPERTY:

A tenant may rightfully lease the property of which he is himself the lessee. The landlord, in order to refuse such an operation, has to provide the tenant with a serious reason. He is also entitled to being informed of the intention of a tenant to do undertake such an activity.

The rules mentioned here above leaves the landlord with a very narrow margin to refuse the tenant consent to subletting when it comes to the use of online leasing platform such as Airbnb.

To know more about the Airbnb phenomenon and the effects on landlords and tenants rights regarding Airbnb-related Bill n°67, click here.

The above noted text should not be construed as providing legal advice or a statement of your claim. The process highlighted above are merely parameters and barometers and do not constitute any warranties and guaranties with regards to your file at hand. We strongly recommend that you seek legal advice with a licensed attorney from the Barreau du Quebec or a notary at the Chambre des Notaires. Each case must be seen and analysed on its merits as the legal process may be complex and cumbersome.