Evaluation
You found this Infosheet to be:
![]() |
Tenants
Over the last few months, you've been receiving notices from your landlord. Finally, last week, you were served with an application to resiliate (cancel) your lease, indicating that a hearing before the Régie du logement is set to take place shortly. There’s no doubt about it - your landlord no longer wants you as his tenant! While you’re convinced that you've been fulfilling your obligations, your landlord thinks otherwise.
In this Infosheet, Éducaloi explains a tenant’s obligations to the landlord and the other tenants.
As a tenant, you must:
The payment of rent is an essential obligation arising from the lease.
Payments must be made at the intervals specified in the lease; the landlord is not bound to accept any other payment scheme. You must pay rent on the 1st day of every month (unless the lease stipulates otherwise). As of the 2nd day, your payment is considered late. At this point, the landlord can make an application to the Régie du logement to force you to pay the outstanding amount. On the 21st day, you are in default and your landlord can request that your lease be resiliated (cancelled). If your landlord applies to the Régie du logement to have your lease cancelled, you can stop the process by paying the total rent owed before the date of the hearing. The landlord can also request the resiliation of the lease if the rent is often late and it causes him serious prejudice (difficulty). For more information, see the Infosheet entitled Paying the rent.
When you sign a contract with the landlord and take temporary possession of a dwelling, you are bound to use it reasonably. This is a general obligation that extends to all accessories and uses of the dwelling. It includes:
You are expected to do minor repairs and maintenance. This might include small jobs that are usually simple and don’t cost that much. Retouching the paint and filling little holes in the walls are your responsibility. The Régie du logement can inform you of what constitutes a minor repair.
As a general rule, this type of change to the dwelling is not allowed. For example, you cannot turn your basement into a hair salon or your yard into a kennel. Commercial activities may be allowed if the landlord consents and if your intentions are clearly indicated in the lease.
You are also forbidden from changing the form of the dwelling without the landlord's consent. This means that you cannot build or demolish a wall or re-divide your dwelling.
When your lease expires, you must leave the dwelling in the condition it was in when you arrived. Normal wear and tear to the dwelling is not your responsibility. Neither are defects or deterioration that are not your fault. It’s a good idea to take pictures and write a description of the property’s condition when you move in. If you, on your own initiative, put up any construction, you must take it down at the end of the lease. If the landlord wants to keep the construction, he must pay you for it. If the removal of a construction would damage the property, the landlord does not have to pay you for it.
The Civil Code of Québec states that you must conduct yourself in a reasonable manner and not disrupt the normal enjoyment of property of the other tenants in the building. This means that you have to act in a way that doesn’t prevent other tenants from living peacefully in their homes.
This obligation means that you are also responsible for the conduct of other occupants or visitors in your dwelling. You may be responsible for your own fault or the fault of these other persons and may have to pay for any damage caused, or even leave the dwelling if the landlord has the lease resiliated by the Régie du logement.
|