visites de logement

At this time of the year, landlords must combine the search for new tenants with visits to rent their dwellings if the tenant has announced his or her eventual departure. Thus, the landlord will conduct visits of the dwelling hoping for the tenant’s collaboration who cannot oppose it. In fact, article 1930 of the Civil Code of Québec (hereinafter “C.C.Q.”) states that the tenant is “required to allow the dwelling to be visited and posted, upon giving such notice [of non-renewal of lease or termination].” The only exception is if a visit is scheduled in the absence of the landlord, then the tenant may refuse the visit of the prospective tenant. Note that visits can only take place between 9:00 a.m. and 9:00 p.m. and the landlord does not have to provide notice to the tenant, although it is preferable to do so as a courtesy.

When a landlord wishes to check the condition of the dwelling, to show it to a prospective purchaser, or to perform maintenance work, he must provide 24 hours notice to the tenant (article 1931 C.C.Q.). However, the tenant may refuse if these visits are before 9:00 a.m. or after 9:00 p.m. or, in any case, when the landlord is not present as mentioned in article 1932 C.C.Q.

Let’s assume that more important, non-urgent, but considerable work must be done in a dwelling. If the work does not require the evacuation of the tenant, the latter must be notified at least 10 days before the work begins. Note that the work must be done between 7:00 a.m. and 7:00 p.m., except in cases of extreme emergency, such as a broken pipe. These emergencies do not require advance notice. The notice of major work must include “the nature of the work, the date on which it will begin and the estimated duration of the work and, if applicable, the period of evacuation required; it must also specify, if applicable, the amount of compensation offered, as well as any other conditions under which the work will be carried out, if they are likely to substantially diminish the enjoyment of the premises.” (article 1923 C.C.Q.).

In the case where the major work requires the evacuation of the tenant, two situations must be distinguished. The first is when the tenant must leave the dwelling for a period of one week or less. The tenant must be notified at least 10 days before the work begins (article 1923 C.C.Q paragraph 1). In the case where the evacuation lasts more than one week, the tenant must be notified at least 3 months before the beginning of the work (article 1923 C.C.Q paragraph 2). He will have 10 days following the receipt of the notice to respond, otherwise he is deemed to have refused to leave his or her dwelling. In case of refusal, the landlord can, within 10 days, open a file at the Tribunal administratif du logement.