La loi vos droits

Tenants - Your rights during a lease

Visits and Access to Your Apartment

Most people value their privacy, especially when it comes to their home. You wouldn’t want a stranger going through your things and invading your space! Not to worry - the Civil Code of Québec forbids landlords from interfering with your right to privacy. But you must keep in mind that landlords have rights too, one of which is to invite potential tenants to visit dwellings that will soon be vacant.

In this Infosheet, Éducaloi explains the conditions that must be respected regarding visits and access to your dwelling.

I intend to leave my apartment when my lease is up. When can the landlord start showing it to potential tenants?

As soon as you give your landlord a notice of non-renewal (or the three month notice of lease cancellation that is required by law in some circumstances), he can show your dwelling to potential tenants and post a “for rent” sign.

For more information on lease cancellation, please consult the Infosheet entitled The resiliation of a lease by the lessee (tenant).  (http://www.educaloi.qc.ca/en/loi/tenants/79/)

What rules apply to visiting dwellings for rent?

Once you have given your landlord notice that you are leaving:

• you must allow the landlord to show your dwelling to potential tenants;
  
• the landlord must always get your permission before entering your dwelling. Authorization for a visit may be given verbally; it need not be in writing. This can even be done by phone;
  
• the landlord is not obliged to give you 24-hours notice. In fact, he may call you a few minutes before the visit. Ideally, you should make arrangements with the landlord to avoid any problems;
  
• visits must be between 9 a.m. and 9 p.m.

The above rules only apply if the purpose of the visit is to show an apartment that is for rent. If you want to know which rules apply when the building is for sale or if the landlord wants to do repairs, please keep reading.

When am I allowed to refuse a visit?

You can refuse to allow a visitor into your dwelling for the following reasons:

• The visit is scheduled before 9 a.m. or after 9 p.m.;
  
• your landlord is threatening or harassing you (repeated phone calls, verbal threats…);
  
• the landlord did not give you advance notice of a visit;
  
• the visit is to be made in the absence of the landlord or his representative.

What visitation rules apply if the building is being sold?

• The landlord must notify you before each visit.
  
• The notice, verbal or written, must be given at least 24 hours in advance.
  
• The visits must be between 9 a.m. and 9 p.m.
  
• You can demand that the landlord or his representative be present.

What can my landlord do if I don’t let him into my dwelling?

If your landlord follows all the rules regarding visits, you must grant him access to your dwelling. Otherwise, he can ask the Régie du logement to order you to do so.

If you shut the door in the landlord’s face or refuse to answer the door when he arrives, he can file a complaint with the Régie du logement and be awarded damages if your actions caused him to lose income from potential tenants.

What recourse do I have if my landlord enters my dwelling without notice or permission?

• First, you can discuss the situation with him and give him a copy of the rules he must follow in order to enter your dwelling.
  
• If this fails, you can send him a letter telling him to respect the conditions imposed by law.
  
• If the situation still doesn’t improve, you can file a request with the Régie du logement to limit the landlord’s access to your dwelling and ask for a reduction in rent, damages, or a resiliation of your lease. If your landlord's conduct persists, you can also file a complaint with the police, since your right to privacy is protected by law.

It is a good idea to keep copies of the letters you send, record the times when your landlord enters the dwelling, and write down the names of any witnesses.

Is my landlord allowed to enter my dwelling during the term of the lease?

Yes. Your landlord can enter your dwelling under the following circumstances:

• In order to verify the condition of the dwelling
  
  Landlords have the right to verify the condition of a dwelling throughout the term of the lease. They must give you 24 hours notice, either verbally or in writing. The visits must take place between 9 a.m. and 9 p.m. Landlords must exercise their right to access in a reasonable manner. A landlord who wants to verify the dwelling twice a month, for example, is being unreasonable.

• In order to carry out work that is not urgent in nature
  
  Minor work: The landlord is allowed to carry out work in the dwelling. To do so, he must give you advance verbal or written notice of at least 24 hours. The work must be done between 7 a.m. and 7 p.m.
  
  Major improvements or repairs: A landlord who wants to carry out major improvements or repairs must notify you in writing at least 10 days before the work begins.The work must be done between 7 a.m. and 7 p.m.
  
  If you must vacate your dwelling for more than a week, the landlord must advise you in writing at least 3 months ahead of time. He must also offer you an indemnity (a sum of money to compensate you). The landlord’s written notice and, where applicable, the indemnity he has to offer you, must comply with the rules set out in the Civil Code of Québec.

• In emergency situations
  
  Landlords have the right to access your dwelling at any time in case of emergency. Advanced notice is preferable, but it is not required by law. You cannot deny a landlord access in an emergency. In some instances, the landlord is even allowed to enter the dwelling when you are not around (for example, if leaky taps are causing water to overflow into the apartment below).

When can a landlord or tenant limit access to the dwelling?

When the right is exercised in a reasonable manner, in good faith, and according to the terms established by law, neither a landlord nor a tenant can limit the right to access a dwelling.

If it becomes necessary to change the locks because your apartment was broken into, you must inform your landlord. In such a case, he has the right to demand a copy of the keys.

Useful Links :

1. Régie du logement website  [http://www.rdl.gouv.qc.ca/]