A landlord is bound to respect, during the term of the lease, certain obligations prescribed by law and is liable to certain consequences and legal sanctions if he/she fails to abide by them. Such obligation includes, but is not limited to:
- Delivering the leased property in a good state of repair, habitable, and clean condition and to provide him with peaceable enjoyment of the leased premises throughout the term of the lease;
- Ensuring safe access to the immovable;
- Ensuring protection against theft;
- Warranting the tenant that the property may be used for the purpose for which it was leased and to maintain the property for that purpose throughout the term of the lease;
- Making all necessary repairs to the leased property other than minor maintenance repairs, which are assumed by the tenant unless they result from the age of the property or superior forces;
- Respecting the laws pertaining the safety, sanitation, maintenance and habitability of the dwelling or the building;
- To make sure that the number of occupants respect the normal conditions of comfort and sanitations; and
- Not to change the form or destination of the leased property.
A landlord’s obligation vis-à-vis ensuring the peaceable enjoyment of the leased property is one of result. Meaning that a landlord will not be able to point to his reasonable and diligent behavior to exonerate himself from any liability. However, a landlord will not be responsible for a reduction in peaceable enjoyment of the leased property if such reduction results from a force majeure or a third party.
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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.