Access to the dwelling by the landlord
Overview of the rights and obligations regarding the landlord's access to the dwelling, including emergencies, repairs, inspections, visits by a prospective buyer or tenant, and required notices.
1. General principle
The tenant has the right to peaceful enjoyment of the premises. The landlord must fulfill certain legal obligations, including delivering the dwelling and its accessories, where applicable, in good condition for habitation, and maintaining them throughout the lease. The landlord must also be able to carry out visits to verify the condition of the dwelling, and to have it visited by a prospective buyer or tenant. However, the landlord may not access the dwelling without respecting the conditions provided by law.
Any entry must be justified, reasonable, and conducted in accordance with articles 1857 and 1930 to 1933 of the Civil Code of Québec.
2. Access in case of emergency
Examples: water leak, fire, danger to the building or its occupants.
The landlord may enter the dwelling without prior notice in case of emergency. The emergency must be real and require immediate intervention. These situations remain exceptional, and it is advisable to try to reach the tenant before accessing the dwelling, or at least to provide a report following the emergency access.
In an emergency, the tenant's presence is not required, but the intervention must be strictly limited to what is necessary to correct the situation. It is recommended to try to reach the tenant before entry and to provide a report afterwards.
3. Access for repairs, inspection, or visit by a prospective buyer
For non-emergency access — such as carrying out repairs, inspecting the dwelling, or showing it to a prospective buyer — the landlord must comply with the following conditions.
Prior notice
The landlord must give the tenant at least 24 hours' notice before accessing the dwelling. The notice may be verbal or written, but written proof is strongly recommended to avoid any dispute.
Permitted hours
Access must take place between 9 a.m. and 9 p.m., unless otherwise agreed with the tenant. These hours are intended to respect the tenant's privacy and quiet enjoyment.
Reason
Access must be justified by a legitimate reason, such as verifying the condition of the dwelling, performing repairs, or showing the dwelling to a prospective buyer.
Tenant's presence
The tenant's presence during the visit is not required, unless otherwise agreed between the parties.
Landlord's presence
The landlord is not required to be present, but the tenant may demand the presence of the landlord or their representative during access to the dwelling.
4. Access for visits by a prospective tenant
Showing the dwelling to prospective tenants follows specific rules that apply once the tenant has confirmed they are leaving.
Condition
This right applies when the tenant has given notice that they will not renew the lease, or when an agreement to terminate the lease has been reached between the parties.
Notice
No prior notice is required by law in this context. However, it is recommended to inform the tenant in advance, out of courtesy and to facilitate cooperation.
Hours
Visits must take place between 9 a.m. and 9 p.m., unless otherwise agreed with the tenant.
Tenant's obligation
The tenant must allow access to the dwelling for visits, provided those visits respect the conditions provided by law and are reasonable.
5. Prohibition on changing the locks
Under article 1934 of the Civil Code of Québec, it is prohibited to change the locks without the parties' consent. This rule allows the landlord to enter the dwelling in case of emergency and helps ensure the safety of the tenants and the building.