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Call us | Montreal: (514) 526-2378 (LAMBERT) | Quebec: 418 526-2378 (LAMBERT) | 24h / 7 days in case of arrest

LAMBERT AVOCATS

Avocats SAAQ, Responsabilité civile, Recours collectifs à Montréal et les environs

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          • Recording a conversation
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          • Boat accidents
          • Skiing accidents and other winter sports
          • Accidents during a hunting activity
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          • Dog bite or attack
          • Responsibility of a babysitter or daycare
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          • Punitive damages
          • Misrepresentation in advertisements
          • Cancellation fees
          • Extended warranty
          • Illegal pricing practice
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          • The SAAQ’s no-fault regime
          • Simulation
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  • About
    • Services
      • Class Actions
      • Civil Liability
      • Medical Liability
      • Car Accidents
      • Work Accidents
      • Victims of Criminal Offence
      • Retraite Québec
      • Social Welfare
      • Disability Insurance
      • Criminal Law
      • Penal Law
      • Disciplinary Law
    • Philosophy
      • Protection of your rights
      • Personalized service
      • Trust
    • Legal Fees
      • Percentage
      • Fixed
      • Hourly rate
      • Legal Aid
      • Legal Insurance
    • Distinctions
      • Consumer Choice
      • Three Best Rated
    • Press
      • Class Actions
      • Civil Liability
      • Administrative Law
      • Disability Insurance
  • Team
    • Lawyers / Representatives
      • Mtre Jimmy Ernst Jr. L. Lambert
      • Mtre Benjamin W. Polifort
      • Mtre Loran-Antuan King
      • Mtre Yahia Belhaddad
      • Mtre Felicia Rotaru
      • Mtre Sandra H. Kim
      • Mtre Olivier Hankins-Meilleur
      • Mtre Bo Chi Zhang
      • Mtre Philippe Brault
      • Daphné McConnell
    • Assistants
      • Jeannie Nguyen
      • Céline Slamani
      • Rubi Barboza Gomez
      • Emilie Leblanc
    • Bar Students / Interns
      • Mtre Mégane Rousseau
      • Sandrine Puchin
    • Students
  • Administrative Law
    • Car Accidents (SAAQ)
      • Your SAAQ file
        • Challenging a SAAQ decision
        • Application for administrative review to the SAAQ
        • SAAQ Administrative Review Decision
        • Recourse to the Tribunal administratif du Québec
        • Conciliation at the Tribunal administratif du Québec
        • Trial at the Tribunal administratif du Québec
        • Review of the judgment of the Tribunal administratif du Québec
        • Recourse to the Superior Court
      • Dispute period
      • Income replacement indemnity claim
      • Compensation for bodily injury
      • Compensation for psychological damage
      • Determined employment and return to work
      • Relapse, recurrence or aggravation
      • Causal link
      • Personal assistance at home
      • Request for reimbursement
    • Work Accidents (CNESST)
      • Contestation of a CNESST file
      • Income replacement indemnity
      • Employment
      • Compensation for relapse
      • Civil action for a work accident
    • Victims of Criminal Offence (IVAC)
      • Criminal acts covered by the IVAC
      • Criminal Compensation Lawyer
      • Victims of physical assault
      • Compensation for unemployed victims
      • Fault of the victim
      • Rehabilitation
    • Retraite Québec
      • Refusal of a request
      • Work income
      • Family allowances
      • Surviving spouse’s pension
      • Supplement for disabled children
      • Progress of the file
    • Social Welfare
      • Marital life
      • Misrepresentation or fraud
      • Investigation
  • Civil Law
    • Civil Liability
      • How to prove the damage
      • Assessment of civil damage
      • Compensation for bodily injury
      • Injuries caused by a fall
      • Injuries caused by the ruin of a building
      • Liability of the city in case of lack of maintenance
      • Responsibility of the school
      • Fact of the goods
    • Medical Liability
      • Remedies for compensation
      • Medical negligence and unnecessary treatment
      • Surgical errors and early discharge from hospital
      • Misdiagnosis
      • Malfunction of medical devices
      • Code of Ethics of Physicians
    • Prosecuting your aggressor in civil proceedings
      • Criminal vs. civil hearing
      • Prescription
    • Contractual Law
      • Claim for damages
      • Letter of formal notice
    • Disability Insurance
      • Disability Insurance
    • Hidden Defects
  • Class Actions
    • Ongoing Class Actions
      • Coloplast
      • Canada Post
      • Nintendo
      • Samsung
      • Videotron
      • Car dealers
      • GoFundMe
      • Fever
      • Hyundai (paint)
      • Brewers
      • SAQ
      • Psycom
      • Volkswagen (water leak)
      • “Alcohol-free” products
      • Ticketmaster
      • Diocese of Gaspé
      • Diocese of Rimouski
      • Diocese of Rouyn-Noranda
      • Social media
      • Bread recall
      • Kia (paint)
      • Audi (oil)
      • Tequila
      • STM
      • DoorDash (tips)
      • Lafontaine Tunnel
      • Public Storage
      • Volkswagen (ID.4)
      • Nissan (paint)
      • Nissan (roof)
      • Nordik Spa
    • Completed Class Actions
      • Metro Metro Festival
      • Cogeco
      • DoorDash
      • Ironman
      • StockX
      • Croisières AML
      • Web Hosting Canada
      • UberEats
      • UberEats (Service Fees)
      • Laurentian Bank
    • Frequently asked questions
      • What are the steps of a class action?
      • How do I become a class member in a class action?
      • How to make a claim?
      • How much to receive as compensation?
      • When to receive compensation?
  • Criminal Law
    • Offences
      • Assault
      • Assault on a peace officer
      • Break and enter
      • Criminal negligence
      • Dangerous driving
      • Fraud
      • Hit-and-run
      • Impaired driving (DUI)
      • Mischief
      • Murder and attempted murder
      • Obstruction of justice
      • Possession of drugs and other substances
      • Possession of firearms
      • Sexual assault
      • Theft and possession of stolen goods
      • Threats
    • Procedure
      • Rights and freedoms in the event of arrest
      • Interim release
      • Elements of a criminal offence
      • Sentencing
      • Application for a record suspension
    • Charter Rights
      • Right to be informed of the reasons for arrest and right to counsel
      • Right to silence
      • Presumption of innocence
      • Right to be free from arbitrary detention or imprisonment
      • Right to be secure against unreasonable search or seizure
    • Defence
      • Coercion and necessity
      • Error of fact
      • Ignorance of the law
      • Intoxication
      • Self-defence
      • Not criminally responsible
      • Provocation
  • Penal Law
  • Disciplinary Law
    • Dentists
    • Engineers
    • Judges
    • Notaries
    • Nurses
    • Opticians
    • Optometrists
    • Psychologists
    • Real Estate Brokers
    • Veterinarians
  • Housing Law
    • Tenant Representation
      • Abandonment of housing
      • Pets and Rental Housing
      • Rent increase
      • Request for Deposit
      • Deposit: Illegal or Not?
      • Rodent infestation
      • Housing unfit for habitation
      • Obligations of delivery, maintenance, and fitness of the property
      • Repairs in the home
      • Neighbourhood disturbances
      • Validity of the lease
      • Sale of housing
    • Landlord Representation
      • Hidden defect lawyers
      • Death of the tenant
      • Eviction
      • Non-payment of rent and frequent delays
      • Repossession of accommodation
      • Termination, Sublease and Assignment of Lease
  • Aviation Lawyers
    • Passenger Rights
      • Travel insurance
      • Right to assistance
      • Right to compensation
      • Right to information
      • Right to care
      • Disclaimer
      • Carrier’s Obligations
      • Additional obligations of airlines
      • Penalties
    • Laws and regulations
      • Air Passenger Compensation
      • The Montreal Convention
      • International Civil Aviation Organization (ICAO)
      • European Regulation
    • Complaints procedure
      • Relevant documents and information to keep
      • Claim Form
      • Small claims claim
    • Special situations
      • Cessation of an airline’s activities
      • Rights of passengers with special needs
      • Denied boarding
  • Legal Capsules
    • General
      • Prescription
      • Guide to writing a letter of formal notice
      • Small Claims Court
      • Representing yourself in court without a lawyer
      • Recording a conversation
    • Civil Liability
      • Aquatic accidents
      • Boat accidents
      • Skiing accidents and other winter sports
      • Accidents during a hunting activity
      • Recreation
      • Burns caused by aesthetic care
      • Transmission of an STI
      • Dog bite or attack
      • Responsibility of a babysitter or daycare
      • Bullying at school
      • Defamation
    • Consumer Law
      • Unfair term in terms of membership
      • Punitive damages
      • Misrepresentation in advertisements
      • Cancellation fees
      • Extended warranty
      • Illegal pricing practice
        • Price Accuracy Policy
        • Additional fees in consumer contracts
      • Abusive loans
      • Flight delay, cancellation or overbooking
      • Telecommunications companies
        • Complaint to the Commission for Complaints for Telecom-television Services (CCTS)
        • Termination fees for telecommunications contracts
    • Car Accidents
      • After a car accident: the impact on victims
      • Compensation for an accident that occurred while using a vehicle
      • Accident with a snow removal vehicle
      • Injuries sustained in an automobile accident outside Quebec
      • Compensation by the SAAQ for personal assistance at home
      • The SAAQ’s no-fault regime
      • Simulation
    • Work Accidents
      • Accidents at work while working from home
      • Civil action for a work accident
      • Accident at work outside working hours
      • Presumption of occupational diseases
      • De Quervain’s tendinitis
      • Cannabis use in the workplace
      • Guide for victims of psychological harassment at work
    • Victims of Criminal Offence
      • Psychotherapy for the victim of criminal offence
  • Career
  • Reach us
  • English
    • Français

Obligations of delivery, maintenance, and fitness of the property

You are here: Home / Obligations of delivery, maintenance, and fitness of the property

You’ve just taken possession of the apartment you signed a lease for a few weeks ago. However, when you move in, you realize that your new home is unsanitary: food had been left behind by the previous tenant, which attracted insects. In addition, you notice a hole in the ceiling of your kitchen, probably caused by water damage. Caught off guard, you wonder what your rights are in such a situation?

Owner’s Obligations

In principle, the Civil Code of Québec states that the landlord has the obligation to deliver a dwelling in a good state of repair, cleanliness and habitability:

1854. The landlord is required to deliver the leased property to the tenant in a good condition of repair of any kind and to provide the tenant with the peaceful enjoyment of it for the duration of the lease.

He is also required to guarantee to the tenant that the property can be used for the purpose for which it is rented, and to maintain it for this purpose throughout the term of the lease.

1910. The landlord is required to provide a dwelling that is in a good state of habitability; He is also required to maintain it as such for the duration of the lease.

The stipulation by which the tenant acknowledges that the dwelling is in a good state of habitability is of no effect.

1911. The landlord is required to deliver the unit in a clean state; The tenant, for his part, is required to maintain the dwelling in the same condition.

When the landlord carries out work on the unit, he or she must restore the unit to a clean state.

The tenant is presumed to have received the apartment in good habitability. In order to dispel this presumption, new tenants are often advised to take photographs before installing their furniture. This will also allow the tenant to avoid reproach when he leaves, since he is also required to return the unit in the same condition as he received it, under article 1890 of the Civil Code of Québec.

In fact, some landlords have their tenants sign declarations stating that the unit was in perfect condition when they arrived. However, it is important to note that such a clause has no legal value.

Scope of these obligations

The landlord has the obligation to deliver the property, or in other words, to allow the tenant to take possession of the premises with all the accessories and services attached to the property. The accommodation issued must be in a good state of repair, habitability and cleanliness.

This obligation is one of result, which means that it is not enough for the landlord to show that it has taken reasonable steps to fulfill these obligations, or that it has behaved prudently and diligently with respect to them. However, it is necessary for the tenant to demonstrate, on a balance of probabilities, that the dwelling is unhealthy and uninhabitable. In particular, the dwelling must be affected by significant defects that significantly and substantially diminish the enjoyment of the dwelling.

The habitability of the home can be affected, among other things, by the presence of bed bugs or rats, the absence of a sink in the kitchen or a functional toilet in the bathroom. Similarly, the landlord has an obligation to deliver the unit in a good state of repair. This means that repairs, whether necessary or agreed-upon, must be completed before the tenant moves in. For example, in one case, the tenant was able to cancel his lease because the landlord had not made the repairs he had agreed to make.

Finally, the landlord cannot issue a dwelling that is unfit for habitation, which means a dwelling whose condition poses a serious threat to the health or safety of tenants or the public, or one that has been declared unfit for habitation by the court or by the competent authority. Essentially, in order to determine whether a dwelling is unfit for rent, it is necessary to objectively determine whether it would be unsafe to live in it:

The courts interpret these criteria very narrowly, and great care must be taken before declaring a dwelling unfit for habitation.

Here are some of the most frequent cases encountered by our clients: Representation of tenants, Abandonment of housing, Pets, Rent increase, Deposit request, Rent deposit, Rodent infestation, Unfit housing for habitation, Delivery obligations, Repairs, Neighbourhood disturbances, Validity of the lease, Sale of housing

Tenant’s recourse

The tenant has several recourses if the landlord fails to meet his obligations when the property is delivered.

Housing-Owner's Law

If the landlord fails to deliver a unit that is in a good state of repair and habitability, the tenant can seek damages, specific performance, a reduction in rent for the period during which the landlord was in default, or a termination of the lease.

In the most serious cases, such as when the dwelling is unfit for habitation, the tenant may refuse to take possession of it. In these circumstances, the lease will be terminated by operation of law and the tenant will subsequently be able to claim damages, as well as reimbursement of the rent already paid.

However, it is important for the tenant to exercise caution before refusing to take possession of the unit, since in the event of an unjustified refusal, the landlord will be able to claim the lost rent. In addition, the tenant must also give the landlord a chance to remedy the situation before refusing possession. Of course, if the landlord acts quickly to repair the damage caused, the tenant will no longer be able to refuse to take possession of the unit afterwards.

Finally, it is important to keep in mind that each situation is unique and to exercise caution and diligence before leaving a home that you deem unsuitable. Of course, if you are in such a situation and do not know how to proceed, do not hesitate to contact one of our lawyers specializing in real estate law who will be able to advise you on the next steps.

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Notice: Please note that the information on this site is provided for informational purposes only, without warranty. It does not constitute legal advice and does not establish an attorney-client relationship.

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