1. PAY THE AGREED RENT ON THE AGREED DATE (ART. 1855, ART. 1903, ART. 1904 AND ART. 1905 C.C.Q.)

One of the tenant’s main obligations is to pay the rent. Rent will be stipulated in the lease and, unless otherwise agreed, will be payable on the first day of each term. [1] If no place of payment is provided for in the lease, it will be payable at the tenant’s address.[2]

Article 1904 of the Civil Code of Québec stipulates that the landlord may not require that each payment exceed one month’s rent; he may not require in advance more than the payment of the first rent term or, if that term exceeds one month, the payment of more than one month’s rent. Nor may the landlord require any sum of money other than rent, in the form of a deposit or otherwise, or require, for payment, the delivery of a cheque or other post-dated instrument[3].

This article is of public order and prohibits the landlord from charging rent in advance[4].

It is extremely important to pay attention to the term “require” mentioned in article 1904 C.C.Q. Indeed, although a landlord cannot require a deposit of an amount exceeding one month’s rent, he is entitled to accept it if such a deposit is paid on the tenant’s initiative[5].

The landlord cannot require payment of the rent by post-dated cheques. Indeed, such a stipulation provided for in the lease is ineffective and must be considered null and void[6].

2. USE THE DWELLING WITH CAUTION AND DILIGENCE (ART. 1855 C.C.Q.)

The expression “to use the dwelling with prudence and diligence” means that any obligation on the part of the tenant must be carried out carefully and promptly[7].

This obligation can be seen as an umbrella obligation that applies to all other residential rental obligations as well as obligations not specifically provided for, such as the prohibition of illegal activities in the leased premises.

A judgment was rendered against a tenant after he prevented the landlord from carrying out necessary repairs to the dwelling for lack of prudence and diligence.

The practice of illegal activity such as drug trafficking in the dwelling contravenes the obligation to use the dwelling with caution and diligence and this failure may justify the termination of the lease.

In another case, a tenant with multiple sclerosis and major mobility disorders had his lease terminated because he refused to stop smoking, not using his dwelling with caution and diligence due to the high risk of fire in the building[10]

3. NOT TO CHANGE THE FORM OR PURPOSE OF THE DWELLING (ART. 1856 C.C.Q.)

“Neither the landlord nor the tenant may, during the lease, change the form or destination of the leased property”[11].

The parties involved in the lease have an obligation to maintain the general appearance of the leased space. A tenant cannot, unilaterally, decide to tear down walls, open the ceiling or change the appearance of the dwelling in an extreme way.

If the tenant still decides to contravene this provision, he or she may have his or her lease terminated and may be ordered to pay damages to the landlord to compensate for the damage suffered.

However, article 1922 of the Civil Code of Québec grants the landlord the right to make improvements of a permanent nature.

As for the destination of the dwelling, in our case, we are talking about a dwelling that is to be used exclusively for residential purposes, subject to an agreement between the parties.

The lease was terminated in Poirier v. Brito after a ceramic workshop was set up in the dwelling, thereby changing the purpose of the leased premises.

In a recent decision rendered by the Régie du logement, a landlord is seeking the termination of the lease based on article 1856 of the Civil Code of Québec because the tenant subleases his apartment on Airbnb without the landlord’s prior consent, also in violation of article 1870 of the Civil Code of Québec. The landlord was found to have suffered serious prejudice and the lease was terminated because the destination of the dwelling had been changed by the tenant’s actions[14].

4. MAINTAIN THE DWELLING IN A CLEAN STATE (ART. 1911 C.C.Q.)

Article 1911 of the Civil Code of Québec stipulates that “the landlord is required to deliver the dwelling in a clean state; the tenant is, for his part, required to maintain the dwelling in the same state”[15].

Once the landlord has returned the dwelling to the tenant in a good state of livability and cleanliness, it is the tenant’s responsibility to maintain it in this state.

The tenant has the obligation to maintain the dwelling in a clean state. Disorder does not necessarily mean uncleanliness, unless it is likely to cause harm to the landlord.

Where it has been proved that the tenant is unable to keep the dwelling in a clean state, the landlord may give notice to the tenant to leave the premises immediately and initiate legal proceedings in the event of refusal[17].

5. CARRY OUT MAINTENANCE REPAIRS IN CERTAIN CASES (ART. 1864 C.C.Q.)

Article 1864 of the Civil Code of Québec refers to “minor maintenance repairs” that must be borne by the tenant.

What is a minor maintenance repair?

The case law is sometimes contradictory and the definition of the term cited above is rather difficult to define.

For example, generally speaking, painting during a lease is the responsibility of the tenant. The same applies to carpet cleaning.

In L.E.C. 4906 v. Titanium, the Régie du logement ruled that the sanding and varnishing of a floor was the responsibility of the tenant. Indeed, the appearance of the floors is not related to the habitability of the dwelling and therefore repairs to them should not be the responsibility of the landlord. [18]

On the contrary, anything that does not constitute a “minor maintenance repair” is the responsibility of the landlord.

For example, the repair of a washer and dryer included in the lease must be the responsibility of the landlord. [19]

If in doubt, it is prudent to consult a lawyer who can advise you after analyzing the recent decisions of the Régie du logement.

6. TO UNDERGO URGENT AND NECESSARY REPAIRS (ART. 1865 C.C.Q.)

Article 1865 of the Civil Code of Québec stipulates that “the tenant must undergo urgent and necessary repairs to ensure the conservation or enjoyment of the leased property”[20].

The landlord is also entitled to require the temporary evacuation of the tenant, subject to certain statutory requirements. [21]

In all cases, the tenant retains, depending on the circumstances, the right to obtain a rent reduction, the right to request termination of the lease, or in the event of evacuation or temporary dispossession, the right to demand compensation.

What is an urgent and necessary repair?

Each situation is a specific case that must be analyzed in the light of the facts of the case. With regard to necessity, is there a risk that housing will deteriorate if there is no immediate intervention?

For example, in Zaveco Ltd. v. Paterson, a fire partially destroyed the building. It is therefore obvious that the repairs were urgent. Since the repairs were necessary and urgent, it was not necessary for the landlord to obtain the court’s permission before proceeding[22].

A tenant who refused access to the dwelling to the landlord’s workers was ordered to give them access by the court because major and urgent repairs had to be carried out in the dwelling.[23]

7. ALLOW FOR THE VERIFICATION OF THE CONDITION OF THE DWELLING, THE POSTING AND VISIT OF THE DWELLING TO A PROSPECTIVE TENANT AND THE WORK TO BE CARRIED OUT (ART. 1857, 1930 AND SEQ. C.C.Q.)

It is article 1857 of the Civil Code of Québec that creates the tenant’s obligation to allow the landlord access to the dwelling in certain situations[24].

“The lessor has the right to ascertain the condition of the leased property, to carry out work thereon and, in the case of an immovable, to have it visited by a prospective tenant or acquirer; he is, however, bound to exercise his right in a reasonable manner.»[25]

In all cases, we are talking about a right-obligation relationship based on the good faith of the parties involved. On one hand, the landlord must avoid disturbing the tenant’s quiet enjoyment. Oppositely, the tenant must be in good faith and allow access to the dwelling on reasonable grounds.

Articles 1930 et seq. of the Civil Code of Québec deal more specifically with the case of a residential lease. The landlord must give at least 24 hours’ notice of his intention to ascertain the condition of the dwelling, to carry out work on it or to have it visited by a potential buyer.

Articles 1930 et seq. of the Civil Code of Québec deal more specifically with the case of a residential lease.

The landlord must give at least 24 hours’ notice of his intention to check the condition of the dwelling, to carry out work on it or to have it visited by a potential buyer[26].

Unless there is an emergency, the tenant may refuse to allow a tenant or a potential buyer to visit before 9 a.m. and after 9 p.m. The same applies if the landlord wishes to ascertain the condition of the property.

Similarly, the tenant may not refuse access to the dwelling to the lessor when the latter has to carry out work on it, unless the work must be carried out before 7 a.m. or after 7 p.m. However, if the work is urgent, it can be done at any time[28].

It has been recognized that a landlord is entitled to obtain a copy of the key used to access the dwelling[29] Also, a landlord is entitled to obtain the code of the dwelling’s alarm system[30].

8. NOT TO CHANGE THE LOCKS OF THE DWELLING (ART. 1934 C.C.Q.)

“No lock or other device restricting access to a dwelling may be installed or changed without the consent of the lessor and the tenant. »

This obligation applies to both the tenant and the landlord of the building.

As part of his right of access to the dwelling, the landlord is entitled to possess a key to enter it. Changing the lock without his authorization would contravene this right.[31]

On the contrary, the landlord is not entitled to change the locks of the building without the consent of the tenant. In Durocher v. Gestion immobilière Solitec, landlords changed the magnetic system of access to the property while tenants were travelling. When they returned, they no longer had access to the building’s entrance and had to ring the bell at the neighbours’ house to get access. Shortly thereafter, their entry lock was also changed by the landlords. The landlords were ordered to pay substantial compensation, including $1,065 in material damages, $1,000 in moral damages and $4,500 in punitive damages.[32]

9. CONDUCT THEMSELVES IN A MANNER THAT DOES NOT INTERFERE WITH THE NORMAL ENJOYMENT OF OTHER TENANTS OR THE LANDLORD (ART. 1860 C.C.Q.)

“A tenant is bound to act in such a way as not to disturb the normal enjoyment of the other tenants. »[33]

In general, neighbours must accept the normal inconveniences that are part of a community life. A fault on the part of the tenant will be considered when the behaviour is abnormal, excessive and frequent. However, it is possible that a single serious event may be sufficient to trigger the tenant’s liability. We are talking about assaults, threats, etc.

The tenant who disrupts the enjoyment of others will be responsible for repairing the damage suffered by the other tenant or landlord.

It should be noted that the tenant is also responsible for the persons to whom he authorizes access to the dwelling.

Even in cases where termination of the lease may be justified, the court sometimes substitutes orders to correct the situation in order to allow the tenant to remain on the premises.[34]

10. NOTIFY OF A DEFECT OR SUBSTANTIAL DETERIORATION (ART. 1866 C.C.Q.)

A tenant who becomes aware of a defect or substantial deterioration has an obligation to notify the landlord within a reasonable time. [35]

If the tenant does not report the defect within a reasonable time, the Régie du logement may be reluctant to agree with him if he has to complain about the defect in the future.

However, it should be noted that denunciation by means of a formal notice is not required when the defect or loss of use is known to the landlord or is caused by his own conduct[36].

The obligation to mitigate damages provided for in article 1479 of the Civil Code of Québec extends to the context of residential leases. This obligation also includes notifying the landlord as soon as possible of a problem in order to avoid further aggravation of the problem.[37]

11. RESTORE THE DWELLING TO ITS ORIGINAL STATE (ART. 1890 C.C.Q. AND ART. 1891 C.C.Q.)

At the end of the lease, the tenant is required to restore the dwelling to the condition in which it was received, but is not required to make any changes resulting from obsolescence, normal wear and tear or force majeure[38].

There is a presumption that the tenant received the property in good condition. It is up to the tenant to rebut this presumption by any means. The ideal is to document the scene well when receiving the dwelling. The tenant can take pictures, which greatly helps to reduce the debate at the end of the lease.

Without adequate documentation, the tenant will find himself in a weak position, being at the mercy of the legal presumption.

In Germano v. Gauthier, the tenants argue that the defects reported by the landlord were present when they moved in. However, the tenants had not documented the scene at all when they arrived. In this case, the presumption of article 1890 C.C.Q. prevails.

The obligation to restore the dwelling to its original state also extends to any constructions, plantations or works that the tenant may have carried out during his lease.

If they cannot be removed without damaging the property, the landlord may retain these improvements by paying the value to the tenant or force the tenant to remove them and return the property to the condition in which it was received.

If restoration is not possible, the landlord may keep them without compensation. [39]

It is advisable for the parties to reach a clear agreement before engaging in major work.

12. REMOVE PERSONAL EFFECTS (ART. 1978 C.C.Q.)

In line with the obligation mentioned in the previous point, the tenant must, at the end of the lease, remove all household effects other than those of the landlord. If the tenant leaves effects at the end of the lease or after abandoning the dwelling, the landlord disposes of it according to the rules prescribed in the book Property of the Civil Code of Québec[40].

The obligation for the tenant entails an obligation for the lessor to comply with the provisions of the book Property of the Civil Code of Québec. Although a tenant is not allowed to leave furniture in the unit after the lease expires, the landlord cannot dispose of it as he or she sees fit. Some rules apply.

In Pelletier v. Vallière, the tenants were slow to complete their move. So much so that the landlord changed the locks on July 2 and put the remaining furniture on the street. Although the tenants violated article 1978 C.C.Q., the landlord acted illegally by violating the tenants’ rights. Damages in the amount of $2,500 were awarded to the tenants and $500 for punitive relief[41].