# Quebec housing — rights and obligations while you live there

Sources: Éducaloi English capsules (*responsibilities-of-landlords*, *responsibilities-of-tenants*, *visits-and-access-to-your-apartment*, *improvements-and-repairs-in-rental-housing*, *heating-and-rental-housing*, *poor-housing-conditions-the-tenants-recourses*, *pets-in-rental-housing*) + quebec.ca — fetched **2026-07**. **None of these pages cite Civil Code article numbers**; none are supplied from memory here.

## The landlord's obligations

| Obligation | The rule |
|---|---|
| **Habitable condition** | Provide a unit that is clean and in good liveable condition — and **maintain** it that way for the whole lease. A landlord "cannot lease a dwelling that is not fit for habitation." |
| **Delivery** | Available on the agreed date **with all accessories and services**; all necessary repairs done at the landlord's expense **before** move-in. |
| **Peaceful enjoyment** | Provide enjoyment without unreasonable disturbance. |
| **Guarantee of use** | Guarantee the unit can be used **for the purpose it was rented for**, and **maintain that purpose for the entire lease**. |
| **Repairs** | Make all necessary repairs **except minor maintenance**. |
| **Not change form/use** | The landlord **may not change the form of the unit or its intended use** — the mirror of the tenant's duty. |
| **Heating** | Keep heating systems working and maintain an adequate temperature year-round. |
| **Other** | Written notice on change of ownership; the **RL-31 slip** for tax purposes. |

**Peaceful enjoyment, mechanically:** the landlord **is** responsible for disturbances by *other tenants* — **but only once you notify them** (in writing, ideally). They are **not** responsible for things outside their control (neighbours in adjacent buildings, city inspectors). If they fail to act: **rent reduction, lease cancellation, or compensation** via the TAL.

## The tenant's obligations

| Obligation | The rule |
|---|---|
| **Pay rent** | On the date in the lease — default the 1st; **late on the 2nd**. |
| **Prudence and diligence** | Use the unit **"carefully and responsibly."** |
| **Don't change form or destination** | See below — this is the big one. |
| **Don't disturb** | Don't disturb other tenants; **you're responsible for your occupants and guests**. |
| **Report defects** | Notify the landlord of defects/deterioration **within a reasonable time**. |
| **Repair damage** | Repair deterioration you caused — **not** damage that isn't your fault. |
| **Minor maintenance** | Light bulbs, loose doorknobs, smoke-detector batteries, paint touch-ups, filling holes. |
| **Return condition** | Same condition as at move-in — **minus normal wear and tear**. |

### ★ The form / destination rule

The tenant's duty is **"to not change the form or destination (type of use) of your unit."** Éducaloi's complete treatment is two passages:

> **Form (physical):** "Unless your lease allows it, you need the landlord's permission to make major changes to your rental unit. For example, you can't put up or tear down a wall to change how your unit is divided."
>
> **Destination (use):** "This is usually not allowed for residential rental units. You can't turn your basement into a hairdressing salon or a ceramics studio. But you can do this if your landlord gives you permission **and the zoning laws allow it**."

**What that gives you:**
- Changing **use** is a **two-condition test**: landlord's consent **AND** zoning compliance. Consent alone is not enough.
- The **lease itself can pre-authorize** it ("Unless your lease allows it").
- The landlord is under the **mirror duty** not to change form/use, and must **maintain the purpose** for the whole lease.
- Changing the use is also a listed ground for the landlord to seek **termination for fault** — but that requires **serious prejudice** and a TAL application (see [ending-the-lease.md](ending-the-lease.md)).

> ### ⚠️ Garages, parking, storage — NOT answered by these sources
> None of these pages mention **garages, parking spaces, storage lockers, sheds, balconies, or yards**, and none say whether an accessory included in the lease is legally part of "the dwelling" for the form/destination rule. The only adjacent hook is the landlord's duty to deliver the unit **"with all accessories and services"** — which implies accessories are part of what's leased, but does **not** resolve how the use rule applies to them.
>
> **This question turns on Civil Code definitions and TAL case law and must be researched separately** (LégisQuébec / CanLII / the TAL's decisions, or a lawyer or *comité logement*). Don't infer an answer from the pages above.

## Access and visits

| Situation | Notice | Form |
|---|---|---|
| Check the unit's condition | **24 h** | verbal or written |
| Minor / necessary repairs | **24 h** | verbal or written |
| **Major** improvements or repairs | **10 days** before work starts | **written** |
| Vacating **> 1 week** for works | **3 months** | **written** |
| Visit by a potential **buyer** | **24 h** | verbal or written |
| Visit by a potential **tenant** | **none** | — |
| **Emergency** | **none** — access at any time | — |

**Hours — don't conflate these:** **visits 9 a.m.–9 p.m.**; **work 7 a.m.–7 p.m.** Outside those windows you can refuse.

You **must** allow showings to potential tenants and buyers. As soon as **you** give notice of non-renewal or cancellation, the landlord may show the unit and post a "For Rent" sign. **If the rules aren't followed you may refuse entry.** Recourse for improper entry: apply to the TAL to **limit access**, or for a **rent reduction**, **compensation**, or **lease cancellation**. *(Photos during visits: not addressed by the sources.)*

## Repairs

- **Necessary (non-urgent):** 24 h notice, work 7–7.
- **Major, tenant staying:** **written notice ≥ 10 days**, stating the **type of work, start date, estimated duration, and conditions**. Within **10 days** the tenant may apply to the TAL to modify **abusive conditions** or seek a **rent reduction**.
- **Tenant must temporarily vacate:** notice **≥ 10 days** if the absence is **≤ 1 week**; **≥ 3 months** if **> 1 week**. The landlord pays **reasonable relocation expenses**, and **you don't pay rent** while away. **You must respond within 10 days — silence = refusal.**
- **Urgent repairs:** any time, no notice — **emergencies only** (risk to health or safety).

**Repair-and-deduct (urgent):** where a repair is *necessary to prevent damage or to let you use the apartment* (e.g. pipe leaks, broken locks) and the landlord **refuses or is unreachable**, you may hire it done **without a TAL claim**, be **reimbursed reasonable expenses**, and **deduct them from rent** — **keep receipts**. Where the landlord merely delays, ask the TAL for authorization; it may set the deductible amount.

## Heating

- **Who pays** depends on the lease.
- **There is no minimum temperature in the law.** The TAL works to a practice standard of **around 21 °C** in normal conditions — a working standard, **not a statute**.
- **No legal date** to turn heat on — "the rules of common sense apply."
- ⚠️ **A lease clause fixing a heat-on date is unenforceable** — the landlord must maintain an appropriate temperature **at all times**.
- **Escalation:** tell the landlord → give reasonable time → **demand letter** → **TAL complaint**. *(Municipal by-laws: not addressed.)*

## Poor housing conditions

**Tier 1 — unfit to live in.** Test: **a serious risk to the health or safety** of the occupants **or the public**.
- *Before moving in:* refuse; the lease is cancelled. (Consult the TAL first.)
- *After moving in:* **you may leave at any time**, and **you don't pay rent while it's unfit**. You **must notify the landlord in writing within 10 days of leaving**, stating: landlord's name/address, the unit's address, the reasons, your departure date, your new address and phone. The TAL may order **punitive damages** if negligence caused it.
- The landlord **must tell you when it's fit again**; you then have **10 days to decide** whether to return — **silence = the lease is cancelled.**

**Tier 2 — poor but not unfit.** Send a **written demand letter**, then apply to the TAL for: a **works order**; **authorization to do repairs at the landlord's expense**; **damages**; a **rent reduction**; or **lease cancellation** in some cases. *(Limitation periods: not addressed.)*

## Pets

⚠️ **"No pet" clauses ARE valid in Quebec** — the opposite of Ontario. "The **Civil Code of Québec is silent** about this," so the clause operates as an ordinary contract term and **is enforceable**.

You can **challenge** one (not void it) by showing the restriction is **unreasonable**, the landlord **doesn't enforce it** (selective enforcement), or the landlord is acting in **bad faith**.

**Assistance animals override the lease** — that exception rests on the **Charter**, so landlords must accept them **unless** the animal causes serious problems. The TAL has *sometimes* allowed a pet for **therapeutic benefit** — case-law based and discretionary, **not a right**.

With a pet you must still use the unit reasonably, **limit unwanted contact** with other tenants, and keep sanitary conditions. A landlord can seek **lease cancellation** if pet-related failures cause **serious harm**.

## ⚠️ Silence means different things — the trap

| Notice you receive | What doing nothing means |
|---|---|
| Rent increase / lease modification | **Acceptance** |
| Repossession or eviction notice | **Refusal** |
| Notice to vacate for major works | **Refusal** |
| Landlord says an unfit unit is fit again | **The lease is cancelled** |

Getting these backwards is how people lose rights by doing nothing. When in doubt, **respond in writing and keep proof**.