A tenant is likely to be confronted with deterioration of his or her home during the course of his or her lease that requires repairs. Fortunately, most of the time the work takes place without dispute, as the work usually benefits both the tenant and the landlord. However, it is crucial to be aware of and comply with the requirements of the law regarding these remedies.
Before we get to the heart of the matter, it is necessary to understand that a repair consists of the restoration of a dwelling that has deteriorated. An improvement, on the other hand, serves to add value to the home, often by making it look more pleasant or by making its equipment more functional, even if it has not yet deteriorated. Thus, unlike an improvement, a repair is used to remedy a problem in the home.
Here are some of the most common cases our customers encounter In terms of housing law :Tenant Representation, Abandonment of Dwelling, Pets, Rent Increase, Deposit Application, Rent Deposit, Rodent Infestation, Unfit Dwelling, Issuance Obligations, Repairs, Neighbourhood Disturbances, Validity of Lease, Sale of Dwelling
Minor maintenance repairs
Under the Civil Code of Québec, the tenant is responsible for making minor maintenance repairs. These repairs consist of minor work that is simple to carry out. For example, changing a light bulb, plugging small holes in the wall and tightening the screws on the doors so that they hold securely must be done by the tenant.
However, according to this article, if the minor maintenance repairs are the result of the age or prolonged use of the property, or force majeure (i.e. an unforeseeable, unavoidable and irresistible event that is not caused by the tenant), the tenant is not obliged to carry them out.
It’s important to know that there’s often a fine line between a small maintenance repair and a major repair, which we’ll discuss below. In fact, the case law of the Tribunal administratif du logement teaches that even if each repair taken in isolation is simple and not significant, all of this work constitutes major repairs and improvements because it involves a complete renovation of the dwelling in order to bring it up to date.
Major Repairs
The law requires the landlord to assume major repairs, that is, repairs that are significant, considerable, substantial or significant. It must be remembered that the landlord’s obligation to maintain the dwelling in good condition is one of result: it is therefore not enough for the landlord to make reasonable efforts to attempt to maintain the dwelling in good condition, but rather to succeed in doing so. Major repairs often involve the structure of the building or fixed elements such as a bath.
The tenant also has an obligation to report. Under the Civil Code, tenants who notice the need for major repairs to their dwelling must notify the landlord as soon as possible in order to avoid a deterioration in their condition. Otherwise, the tenant may be sued by the landlord for a claim for damages resulting from the aggravation caused by the failure to report.
Non-urgent major repairs
If the major repair is non-urgent, the landlord must give notice to the tenant before starting the work, which must include:
- The nature of the work;
- The date on which they will start;
- An estimate of their duration;
- Any other condition under which the work will be carried out if it is likely to substantially reduce the enjoyment of the tenant’s premises.
With respect to the temporary evacuation of the tenant, the notice must indicate whether it takes place and, if so, the period during which it will take place as well as the amount of compensation. The landlord must compensate the tenant for the reasonable expenses that the tenant has to pay as a result of the evacuation. This allowance cannot therefore be used to finance a luxury move, for example.
If the compensation for the evacuation is insufficient, the tenant may be reimbursed for reasonable expenses incurred in excess.
The notice must be given to the tenant at least 10 days before the scheduled date for the start of the work. However, if the tenant has to evacuate the unit for more than a week, the notice must be given at least 3 months before the evacuation.
| Evacuation Planned | Timelines for notification |
| Does not require evacuation | 10 days before the work |
| Requires a one-week evacuation | 10 days before the work |
| Requires evacuation for more than a week | 3 months before the work |
When receiving notice of an upcoming eviction, the tenant must inform the landlord of their intention to vacate or not to vacate within 10 days of receiving the notice. If the tenant does not respond to the landlord within this period, the tenant is deemed to have refused the eviction. In the event of a refusal, explicitly expressed or implied by the absence of a response, the landlord may, within 10 days of the response or the expiry of the time limit, ask the Court to rule on the need for an evacuation.
If no temporary evacuation is required or if the tenant has agreed to the vacancy, the tenant may, within 10 days of receiving the notice, apply to the Court to vary or remove an unreasonable condition. The work is suspended by the tenant’s request, unless the Court decides otherwise.
The landlord must give at least 24 hours ‘ notice before entering the unit to carry out any work. The tenant can only refuse access if it is before 7 a.m. or after 7 p.m., as provided for in the Civil Code. It is important to note that the tenant cannot impose a specific time for the completion of the work.
Urgent Major Repairs
The law stipulates that the tenant must undergo urgent repairs necessary to ensure the enjoyment of the dwelling, which means that he is not entitled in principle to damages for inconvenience. However, if there is a loss of use of the premises, the tenant has the right to apply for a reduction in rent or, if the loss of use is significant, for a review of the lease.
The landlord is exempt from sending a notice to the tenant before proceeding with urgent work, which requires immediate intervention. The tenant is obliged to give him access to the apartment, regardless of the time of day. The landlord may also require the tenant to vacate without first seeking permission from the court.
Landlord inaction
The landlord may be failing to meet its obligations to make major repairs.
If major repairs are not urgent, the tenant, after notifying the landlord, can legally do them themselves if they have obtained permission from the Court. If the latter authorises the tenant to carry out the work, he sets at the same time the amount and conditions of the repairs. The tenant can thus deduct from his rent the expenses incurred for the execution of the work up to the amount set by the Court.
If major repairs are urgent, the tenant may, after attempting to notify the landlord or if the landlord fails to act in a timely manner, carry out the work himself, without first seeking permission from the court. The tenant may be reimbursed for reasonable expenses incurred for the repair and may, if necessary, deduct this amount from the rent.
However, it is important to know that the Tribunal is very strict about what constitutes an urgent remedy. It is therefore important for the tenant to be certain that the repair they are about to make is urgent and, in other words, requires immediate intervention to preserve the unit. An example of an urgent repair is the repair of a heating system in extreme cold. In these cases, given the uncertainty that can arise in such situations, it is always recommended to use the services of a lawyer specializing in housing law for guidance.
Whether the repair is urgent or not, the tenant must report to the landlord for the repairs they make and provide the landlord with any supporting documentation, as required by law.
Eviction
Permanently evicting a tenant for renovations is called an eviction. This causes the lease to end. However, there are only four types of renovations that allow it:
- Subdivision of the dwelling, for example, converting an 8-room dwelling into 2 dwellings with 4 rooms;
- Demolition of the dwelling;
- Significant expansion of the dwelling; and
- Change in the use of the dwelling, for example, converting the dwelling into commercial premises.
In addition to these four situations, it is forbidden to evict a tenant.
If you are experiencing a dispute with your landlord, do not hesitate to call on our services specializing in housing law.