Dwelling maintenance and repair work
Overview of the landlord's and tenant's obligations regarding dwelling maintenance, and of the rules that apply to repair work — including deadlines, access to the dwelling, situations requiring evacuation, and emergencies.
1. General principle
The landlord has the obligation to deliver and maintain the dwelling and its accessories, where applicable, in good condition for repair and to provide a dwelling fit for habitation throughout the lease (articles 1854, 1910 and 1911 of the Civil Code of Québec).
The tenant, for their part, must keep the dwelling clean and in good order, and use it with prudence and diligence (articles 1855 and 1911 of the Civil Code of Québec). They are responsible for minor maintenance repairs, except where these result from superior force or normal wear and tear of the property (article 1854 of the Civil Code of Québec).
For more details on the different types of repairs, CORPIQ has prepared a guide for owners and tenants titled "Renovating to live better, together".
2. Routine maintenance obligation
Maintaining the dwelling is a shared responsibility between landlord and tenant. The landlord must perform major repairs and the maintenance required to keep the dwelling in good condition. The tenant must take care of routine maintenance, including cleanliness and minor tasks linked to normal use.
Examples:
- Landlord: plumbing, heating, structure, roofing.
- Tenant: housekeeping, replacing light bulbs or standard batteries, tightening handles.
3. Notice and access for maintenance and minor repairs
Before accessing the dwelling to carry out minor maintenance work, certain rules must be followed. Article 1931 of the Civil Code of Québec provides that the landlord must give the tenant at least 24 hours' notice before accessing the dwelling for minor work — for example, having a plumber unclog a toilet or recaulking around the bathtub.
It is recommended to send this notice in writing in order to keep proof. Our notice template may be used for this purpose.
Good to know:
- Prior notice of at least 24 hours must be given, ideally in writing.
- The work must be carried out between 9 a.m. and 9 p.m.
- The notice must also state the nature of the work and the planned time for its execution.
4. Major work that does not require evacuation
This refers to major repairs or significant work that goes beyond minor maintenance or routine upkeep, but that does not prevent occupancy of the dwelling.
The tenant may, however, be entitled to reasonable compensation if they suffer a loss of enjoyment (excessive noise, dust, inability to access part of the dwelling, etc.).
CORPIQ provides a compliant notice template to be sent to your tenants for this purpose.
If a tenant prevents access to the dwelling, the landlord will need to apply to the Tribunal administratif du logement to obtain an order granting access to the dwelling.
Key rules to follow
Notice to send
A written notice must be sent at least 10 days before the work begins (articles 1922 and 1923 of the Civil Code of Québec).
Evacuation
This work does not require evacuation of the dwelling.
Rent reduction
A rent reduction is possible if loss of enjoyment results.
Tenant refusal
The tenant cannot refuse the work under article 1926 of the Civil Code of Québec. However, within 10 days of receiving the notice, they may ask the tribunal to modify or remove an abusive condition.
Notice template
CORPIQ provides a compliant notice template that you can send to your tenants for this purpose.
Access to the dwelling
If a tenant prevents access to the dwelling, the landlord must apply to the Tribunal administratif du logement to obtain an access order.
5. Work requiring an evacuation of less than one week
Similar rules apply to major repairs or substantial work that goes beyond minor maintenance or routine upkeep, and that requires the tenant to be evacuated for a short period (less than one week).
The tenant may, however, be entitled to reasonable compensation if they suffer a loss of enjoyment (excessive noise, dust, inability to access part of the dwelling, etc.).
The notice must clearly state the nature of the work, the start date, the estimated duration of the work, and the required evacuation period. A compliant notice for this purpose is available in our model letters and forms.
Key rules to follow
Notice to send
A written notice must be sent at least 10 days before the work begins (articles 1922 and 1923 of the Civil Code of Québec).
Evacuation
The evacuation is temporary, lasting 7 days or less.
Indemnity
An indemnity is payable on the evacuation date (article 1924 of the Civil Code of Québec). Compensation may also be awarded for inconvenience and expenses incurred.
Tenant refusal
The tenant may refuse within 10 days of receiving the notice. In case of silence, they are deemed to have refused (article 1925 of the Civil Code of Québec).
The landlord may then file an application with the Tribunal administratif du logement within 10 days of the refusal or silence, so that the tribunal can rule on the reasonableness, conditions, and necessity of the evacuation (article 1928 of the Civil Code of Québec).
Return to the dwelling
The tenant returns to the dwelling once the work is complete.
6. Work requiring an evacuation of more than one week
For major but non-urgent work that requires the tenant to be evacuated for more than one week, the notice must be sent at least 3 months before the start of the work (article 1923 of the Civil Code of Québec).
The tenant has 10 days from receipt of the notice to indicate whether they intend to comply, and if they do not respond, they are deemed to have refused to leave. In such a case, the landlord must apply to the Tribunal administratif du logement to rule on the appropriateness of the evacuation and its conditions (article 1925 of the Civil Code of Québec).
The notice must clearly state the nature of the work, the start date, the estimated duration of the work, and the required evacuation period. A compliant notice for this purpose is available in our model letters and forms.
Key rules to follow
Notice to send
A written notice must be sent at least 3 months before the evacuation date (article 1923 of the Civil Code of Québec).
Contents of the notice
The notice must state the nature of the work, its duration, and the departure date.
Relocation
The landlord must cooperate to find equivalent housing or pay an indemnity for any additional cost.
Indemnity
An indemnity is payable on the evacuation date (article 1924 of the Civil Code of Québec). Compensation may also be awarded for inconvenience and expenses incurred.
Return to the dwelling
The tenant returns to the dwelling once the work is complete.
7. Urgent repairs
Urgent repairs are those that must be carried out without delay for safety or sanitation reasons, or to prevent more serious damage. The landlord must undertake this type of work as soon as a problem arises (article 1910 of the Civil Code of Québec).
The tenant has the obligation to notify the landlord, within a reasonable time, of any substantial defect or deterioration of the rented property and to cooperate with the landlord so that urgent and necessary repairs can be carried out to ensure the preservation or enjoyment of the property (articles 1865 and 1866 of the Civil Code of Québec).
For this type of work, the landlord may lawfully require the tenant to vacate the premises or be temporarily dispossessed. The law does not provide a time limit for sending the evacuation notice in case of emergency. However, as soon as the landlord has the details of the evacuation or temporary dispossession, it is recommended to notify the tenant promptly in writing.
Despite the urgent nature of the work, the tenant retains the right to claim a rent reduction, termination of the lease, or an indemnity in case of evacuation or temporary dispossession.
In an emergency:
- The intervention must be immediate.
- No notice is required before entering the dwelling.
- An indemnity may be awarded in case of evacuation or temporary dispossession, where there is a loss of enjoyment.
Landlord intervention in an emergency
The landlord must act quickly to prevent further damage. It is always recommended to try to notify the tenant before entering the dwelling if they are not on site at the time of the emergency, and/or, depending on the circumstances, to provide them with a report after the emergency entry.
Common examples: water damage, a heating breakdown in winter, a dangerous electrical problem.
Failure of the landlord to intervene
If the landlord fails to act in due time to carry out urgent and necessary repairs after being notified by the tenant, the tenant may exceptionally carry out the work themselves or incur the required expenses, without prior authorization from the TAL. They are also entitled to reimbursement of reasonable expenses incurred for this purpose and may, if needed, deduct the amount from their rent (article 1868 of the Civil Code of Québec).
The landlord may, however, step in at any time to take over or continue the work.