Landlords owe tenants the obligation to:

• deliver the dwelling in a good state of repair in all respects;
  
• provide the peaceable enjoyment of the dwelling throughout the term of the lease;
  
• guarantee that the dwelling may be used for the purpose for which it was leased and to maintain the dwelling for that purpose throughout the term of the lease;
  
• make all necessary repairs to the dwelling other than minor maintenance repairs;
  
• not change the form or destination of the dwelling.

The obligation to deliver is of utmost importance. Basically, it means that the landlord must give you the use of the rented dwelling, with all its inherent accessories and services, at the agreed upon date. If you and the landlord agree that you will take possession of your dwelling on June 20, the landlord must be able, on that date, to hand over the keys so that you can move in.

The obligation to deliver includes the obligation to deliver the dwelling in a good state of repair in all respects. This means that the landlord must perform, at his expense, any necessary repairs before your arrival. Even if it is for minor repairs, that will normally be your responsibility during the term of the lease, the landlord must do them at his expense before you arrive.

Landlords are prohibited from disturbing you during the term of your lease; they are also bound to ensure that the other tenants in the building do not disturb you.

Therefore, if another tenant disturbs you, the landlord can be held responsible. The first thing to do is to notify your landlord of the problem. Make sure to do so in writing to make it easier to prove he was notified. If your landlord does nothing to solve the problem, you can ask the Régie du logement for damages, a reduction of your rent, or the resiliation (cancellation) of your lease.

On the other hand, if a disturbance is caused by a third party, that is, by someone not under the control of the landlord (neighbours in the building next door, a city inspector, a postman), your landlord is not responsible for compensating you for any damages you may have suffered. Nevertheless, in some situations, you may still be able to obtain a rent reduction or resiliation of lease. Before the Régie du logement will grant such a request, you must prove that you have suffered serious prejudice.

The landlord is obliged to let you use the leased dwelling for the purpose for which you leased it. The landlord must also maintain the dwelling for that purpose throughout the term of the lease.

The landlord’s responsibility to guarantee that the dwelling be used for the purpose it was leased may be reduced if you fail to notify the landlord that your dwelling is losing this character or is deteriorating to such a point that you can no longer use it for the purpose for which it was rented.

For example, you rented a dwelling with a basement so that you could open a hair salon (this was in the lease). After a few days, moisture forms on the walls and bugs start to appear. You notify the landlord, but he does nothing to help.

You have several options. You can begin by filing a complaint with the Régie du logement asking that the landlord pay you damages to compensate for lost income and customers. You may also seek a rent reduction or a resiliation of the lease.

This obligation requires the landlord to deliver the leased dwelling in a condition that is ready to serve the purpose for which you leased it.

For the most part, yes. Throughout the term of the lease, landlords are bound to perform any major or urgent repairs. Minor repairs and basic maintenance are your responsibility.

If a major repair or renovation must be carried out, and the landlord is unreasonably slow in performing the work, you can ask the Régie du logement for the authorization to do the repairs yourself.

If the Régie authorizes your request, it will set the conditions and allocate a predetermined amount for the work you wish to do. You are entitled to full compensation, i.e. you can deduct the amount allocated for the work from the amount of your rent.

For example, your owner has been telling you for months that he will soon fix the broken floorboard in your bedroom. No work has been done yet. The Régie du logement allocates $600 to have the work done. If your rent is $600 per month, you are allowed to skip your next rent payment. In law, this trade-off is called compensation.

You need not obtain authorization from the Régie de logement to carry out work if you are facing the following situations:

• you notified or tried to notify the landlord;
  
• after notification, or a failed attempt, the landlord fails to perform the work in the desired time;
  
• the repair is urgent and must be made as soon as possible.

For example, the toilet has been leaking for several days and now the bathroom floor is at risk of serious damage. Your landlord is nowhere to be found. Because of the urgency of this problem, you can repair it without waiting.

You have a right to be compensated for the reasonable expenses incurred. If necessary, you have the right to deduct the amount of the expenses from your rent payment.

Keep all of your bills so that you may justify the cost of the work.

Neither landlords nor tenants are allowed to change the form or "destination" of a dwelling.

The obligation not to change the destination of a dwelling applies not only to the dwelling concerned but also to its immediate surroundings. Therefore, the landlord cannot, at his will, transform a residential building into a commercial building.

For these obligations, the appropriate recourse consists of asking the Régie du logement to force the landlord to maintain the dwelling in the condition in which you rented it and to change neither its destination nor its form.