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 the tenant with the peaceable enjoyment of the leased property 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, the landlord must guarantee that there are no bugs infestations within the building and the premises are kept fit for habitation.

A landlord’s obligation vis-à-vis ensuring the peaceable enjoyment of the leased premises 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 leased premises 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.

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