Rights and Obligations of the Lessor and Lessee

Access to the Dwelling and Visiting Rights 
Information from the Tribunal administratif du logement

Both landlord and tenant have to abide by a certain number of rules about access to the dwelling and visiting the premises (when the dwelling is for rent or because work needs to be done, for instance).

Discrimination when Renting a Dwelling 
Information from the Commission des droits de la personne et des droits de la jeunesse

The Charter of Human Rights and Freedoms prohibits the owner of dwellings or a lessor to treat lessees differently on the basis of personal characteristics like race, religion, color, language or sexual orientation.

A person who believes they are a victim of discrimination or discriminatory harassment on grounds included in the Charter of Human Rights and Freedoms can file a complaint with the Commission des droits de la personne et des droits de la jeunesse .

Eviction to Divide the Dwelling, Enlarge It Substantially or Change its Destination 
Information from the Tribunal administratif du logement

The lessor of a dwelling may evict the lessee to divide the dwelling, enlarge it substantially or change its destination. He must then give a written notice to the lessee in a timely manner. Some restrictions apply.

The lessee may apply to the Tribunal administratif du logement to object to the eviction.

Excessive Noise 
Information from the Tribunal administratif du logement

A tenant has the right to peaceable enjoyment of the premises. If a tenant is disturbed by excessive noise caused by another tenant, they can first address the situation with the tenant causing the disturbance in order to amicably resolve the situation, while informing the landlord of the situation.

If the problem persists, the tenant can send a formal notice to the landlord including a specific deadline for them to act.

If the situation is not resolved by the deadline, the tenant can ask the Tribunal administratif du logement to assert their rights.

Filing an Application with the Tribunal administratif du logement 
Information from the Tribunal administratif du logement

In the event of a dispute, lessors or lessees can exercise a recourse to assert their rights. Applications for this purpose must be submitted to the Tribunal administratif du logement (using the application forms provided). The other party must be notified of the application. The parties will then be summoned to a hearing.

Heating Problems  
Information from the Tribunal administratif du logement

A lessor is required to ensure the proper functioning of the system that allows heating in any dwelling they are renting. If a lessor is responsible for the heating of a dwelling, they must ensure their lessee enjoys an adequate ambient temperature, whatever the time of year.

When a lessee experiences heating problems, they must be able to demonstrate the gravity of the situation to convince the lessor to correct it immediately. If the problem cannot be resolved amicably, the Tribunal administrative du logement  should be contacted to find out about possible recourses.

Major Work 
Information from the Tribunal administratif du logement

Before undertaking major work (e.g., renovating a bathroom or kitchen), the landlord must give the tenant of the dwelling a 10-day notice (or more than 10 days, depending on the circumstances).

When the work is completed, the tenant will pay the same rent for the duration of the lease. The landlord may not request an increase or change any other conditions of the lease except at the time of renewal.

New Owner 
Information from the Tribunal administratif du logement

As soon as the sale of a residential rental building is finalized, the former or the new owner of the building must give each lessee written notice of the change of ownership.

Lease conditions remain the same despite the change of ownership and they must be respected in full.

Obligations of Joint Tenants 
Information from the Tribunal administratif du logement

A joint tenant is a tenant who rents the same dwelling with one or more other tenants. Joint tenants who sign a lease have obligations towards each other and towards the lessor.

In principle, as soon as there is more than one tenant, each tenant has the obligation to pay their share of the rent. However, if the lease includes a clause stipulating solidarity, one of the joint tenants can be sued for the full rent

Paying the Rent 
Information from the Tribunal administratif du logement

Paying the rent is a lessee’s principal obligation. A lessee who does not pay his or her rent in full on the agreed day is in default as of the next day. Under the law, if the parties do not make any particular arrangements regarding payment of the rent, it is up to the lessor or the lessor's mandatary to collect the rent at the lessee's home on the agreed date.

A lessee and a lessor can reach an agreement on various terms and conditions for paying the rent. It is in the interest of both of them to clearly specify them on the lease. However, certain practices are prohibited. The lessor, for instance, cannot demand postdated cheques or payment exceeding one month’s rent.

Pets 
Information from Éducaloi

Landlords have the right to prohibit the presence of animals in a building. There are exceptions, however. For example, a landlord cannot prevent a tenant from having an animal that helps them cope with a disability. The lease or building rules generally mention whether it’s allowed or prohibited to have an animal in the lodging.

Repossessing a Dwelling 
Information from the Tribunal administratif du logement

Lessees who comply with all of the conditions of their lease can stay in their dwelling as long as they wish.

However, in some situations, a lessor can repossess a dwelling. They must however send a written notice in a timely manner.

RL-31 Slip: Information about a Leased Dwelling 
Information from Revenu Québec

The RL-31 slip is used to report information about leased dwellings. It allows lessees or sub-lessees to ask for the solidarity tax credit in their income tax return.

The landlord of an eligible dwelling  must provide a RL-31 slip to each person with whom they signed a lease for which rent was paid or payable on December 31, 2020.

Unsanitary Conditions 
Information from the Tribunal administratif du logement

A lessor cannot lease a dwelling that is not fit for habitation, that is to say a dwelling that is in such a condition as to be a serious danger to the health or safety of its occupants or the public. They must also ensure that any dwelling they are renting is fit for habitation for the duration of the lease. The lessee must maintain it in good condition with regards to sanitary conditions.

Both lessors and lessees have various recourses in case of unsanitary conditions. They can lead to termination of the lease, abandonment of the dwelling, an order to carry out work, a decrease in rent, etc.

Urgent and Necessary Repairs 
Information from the Tribunal administratif du logement

A lessee who finds a serious defect or breakage that affects their dwelling or the building where they live must advise the lessor as soon as possible, whether the situation is urgent or not. It could be, for instance, a blocked sewer pipe or a furnace breakdown during the winter.

If the lessor cannot be reached or if they neglect or refuse to do the urgent and necessary repairs, the lessee can carry out the repairs and engage expenses. They must limit themselves to the essential work and keep costs to a minimum. The lessor will then have to reimburse the lessee for the reasonable expenses they incurred.

See also

Obligations of the Lessor under the Civil Code of Québec 

Obligations of the Lessee under the Civil Code of Québec