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Can your landlord enter your home?
Short answer
Yes, but only in specific, regulated cases. Except in an emergency, the landlord must give a 24-hour prior notice to ascertain the condition of the dwelling, carry out work in it, or have it visited by a prospective acquirer (art. 1931 C.C.Q.). Visits must take place between 9 a.m. and 9 p.m., work between 7 a.m. and 7 p.m., and you can require the landlord to be present during a visit. Entering without a right (or multiplying visits to push you out) can amount to harassment.
The basic rule: a 24-hour notice
“The lessor is bound, except in case of emergency, to give the lessee a prior notice of 24 hours of his intention to ascertain the condition of the dwelling, to carry out work in the dwelling or to have it visited by a prospective acquirer.”
: Article 1931, Civil Code of Québec (LégisQuébec)
The notice doesn't have to be written: a call or a message is enough, but a written one is obviously easier to prove, for both sides. Note that a visit by a prospective lessee(to re-lease the dwelling after your notice of departure) doesn't require the same 24-hour notice, but it remains subject to the time windows below.
The permitted hours and your rights to refuse
| Reason | Notice | Permitted hours | You can refuse if… |
|---|---|---|---|
| Ascertain the condition of the dwelling | 24 hours | 9 a.m. to 9 p.m. | outside those hours, or if the lessor cannot be present |
| Visit by a prospective acquirer | 24 hours | 9 a.m. to 9 p.m. | outside those hours, or if the lessor cannot be present |
| Visit by a prospective lessee | no set delay | 9 a.m. to 9 p.m. | outside those hours, or if the lessor cannot be present |
| Non-urgent work | 24 hours | 7 a.m. to 7 p.m. | outside those hours |
| Emergency (leak, fire, water damage) | none | at any time | you cannot refuse |
“The lessee may, except in case of emergency, refuse to allow the dwelling to be visited by a prospective lessee or acquirer before 9 a.m. or after 9 p.m.; the same rule applies where the lessor wishes to ascertain the condition of the dwelling. The lessee may, in all cases, refuse to allow the dwelling to be visited if the lessor is unable to be present.”
: Article 1932, Civil Code of Québec (LégisQuébec)
For work, article 1933 C.C.Q. specifies that you cannot refuse access to the lessor who has to carry it out, but that you can refuse access before 7 a.m. and after 7 p.m.: except for urgent work.
The landlord enters without permission: what to do?
Your dwelling is your home. A landlord who enters without notice or emergency, who multiplies unjustified visits, or who shows up at any hour infringes your right to peaceable enjoyment of the premises. Article 1902 C.C.Q. goes further:
“Neither the lessor nor any other person may harass a lessee in such a manner as to limit his right to peaceable enjoyment of the premises or to induce him to leave the dwelling. A lessee who suffers harassment may demand that the lessor or any other person who has harassed him be condemned to pay punitive damages.”
: Article 1902, Civil Code of Québec (LégisQuébec)
Concretely, proceed step by step:
1. Document each incident. Dates, times, witnesses, photos, messages. A log kept as events unfold is worth more than a reconstructed memory.
2. Notify the landlord in writing. Recall the rules of articles 1931 to 1933 and ask that it stop.
3. Send a demand letter. If the intrusions continue, a formal demand letter: sent with proof of receipt : officially establishes that the landlord was informed and puts the date of your step beyond doubt.
4. File a recourse with the TAL. You can claim damages, and punitive damages in cases of harassment.
Is your demand letter ready? Send it by certified email in a few minutes, with a timestamped proof report.
Frequently asked questions
How much notice must the landlord give before entering the dwelling?
Except in an emergency, a 24-hour prior notice (art. 1931 C.C.Q.) to ascertain the condition of the dwelling, carry out work in it, or have it visited by a prospective acquirer. The notice can be verbal, but a written one is easier to prove.
Can I refuse a visit to my dwelling?
Yes, in certain cases: if the visit is to take place before 9 a.m. or after 9 p.m., or if the lessor cannot be present (art. 1932 C.C.Q.). For work, you can refuse access before 7 a.m. and after 7 p.m., except for urgent work (art. 1933 C.C.Q.). In a genuine emergency, you cannot refuse access.
What can I do if my landlord enters without permission?
Document each incident (dates, times, witnesses), notify the landlord in writing, then send a demand letter requiring it to stop. If the intrusions continue, you can file a recourse with the Tribunal administratif du logement and claim damages, and punitive damages if the conduct amounts to harassment (art. 1902 C.C.Q.).