The law considers that a "dwelling" (apartment) is unfit for habitation when it is hazardous to the health or safety of its occupants.

It could be because there’s no hot water, insufficient heating, it’s infested with mice, or falling apart.

If, on moving day, you feel that your dwelling is unfit for habitation, you can refuse to move in. Your lease will then be resiliated (cancelled). But, before acting, it would be wise to get more information from the Régie du logement.

A contract or a clause in a contract that states that a dwelling is in habitable condition is without effect.

This is because the landlord is obliged by law to deliver the dwelling in good condition.

As such, you can terminate your lease if, on moving day, the dwelling is unfit for habitation. If the landlord refers to the lease and shows you such a clause, you are not bound by it, even if you signed the contract.

You have recourse against a landlord who fails to satisfy the minimum requirements set by law concerning the maintenance, habitability, safety, and cleanliness of the dwelling.

The landlord must ensure the upkeep of the dwelling during the lease. If you notice any deterioration that may become problematic, you can send the landlord a written notice asking him to undertake the necessary repairs. This can take the form of a demand letter. For more information, consult the Infosheet entitled The demand letter.

If the landlord fails to respond, you can file a claim with the Régie du logement. You can request the following:

• payment of damages;
  
• performance of the landlord’s obligation (maintenance);
  
• a reduction in rent;
  
• the resiliation (cancellation) of the lease.

For more information on this procedure, please see the Infosheet entitled The Régie du logement.

Yes. You can leave your dwelling if it becomes unfit for habitation at any time during the lease. However, you must notify your landlord that you are abandoning the dwelling and provide reasons for your departure no more than 10 days after you leave.

"Unfit for habitation" means that the dwelling has become dangerous to the health or safety of the occupants or the general public.

Your notice to the landlord must be made in writing using the language in which your lease was written. It must include:

• the address of the leased dwelling;
  
• the reasons for which it is unfit for habitation;
  
• the date on which you will leave or have left the dwelling;
  
• your new address;
  
• your new telephone number.

The Régie du Logement provides a sample notice which you can consult.

When the dwelling is once again fit for habitation, the landlord must notify you. You then have ten days to inform him of whether or not you will be returning.

The lease will be resiliated and the landlord will be free to rent the dwelling to another person if you:

• refuse to return to the dwelling;
  
• fail to give him an answer;
  
• have left the landlord no means by which to contact you (address or telephone number).

Note: The landlord can contest your departure before the Régie du logement if he believes the dwelling was and still is fit for habitation or that you were responsible for its poor condition.

As a tenant, you are responsible for keeping your dwelling clean and using it in a reasonable manner. The Civil Code of Québec also requires that you keep it sanitary and safe.

For example, unless authorized by the landlord, you cannot use or keep any extremely flammable or explosive substances in your apartment, since that would make the dwelling unsafe. Furthermore, you cannot have too many people living in your dwelling, since that could make the dwelling unsanitary. Specifically, the law stipulates that the number of occupants must be such that every person can live in reasonably comfortable conditions.

If during your lease, you compromise the safety or hygiene of the dwelling, your landlord can file a complaint with the Régie du logement. He may ask that you pay a sum of money (damages) or that you fulfill your obligation to maintain the dwelling.

If you or another person you know causes any serious damage to the dwelling, the landlord can request the resiliation of the lease.