The peaceable enjoyment of the property

Pursuant to article 1854 of the Civil Code of Quebec, a 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.

A landlord’s obligation to provide tenants with the peaceable enjoyment of the leased premises extends to the common areas such as staircases, utility room, parking, elevators and the entrance hall.

A landlord must also guarantee the security of the tenants and must also guarantee access to the immovable free of any danger. In addition, a landlord must guarantee that there are no bugs infestation within the building and the premises are kept fit for habitation.

It must be noted that a tenant cannot act in a way which would impede on another tenant’s right to the peaceable enjoyment of their property or constitute a neighborhood annoyance. The rights of a tenant are therefore limited by the rights of another tenant. Consequently, a tenant cannot act contrary to the by-laws of the immovable such as smoking bans or holding a dwelling which fosters the proliferation of bugs and vermin.

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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.