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Urgent repairs and deducting them from the rent
Article 1868 C.C.Q. explained
Article 1868 of the Civil Code of Québec gives the tenant the right to undertake urgent and necessary repairs when the landlord, after being notified, fails to carry them out within a reasonable time. This right exists to protect tenants from situations where their safety or well-being is threatened by the landlord's inaction.
This right is not absolute, however. To exercise it lawfully, the tenant must meet certain strict conditions. The repair must be genuinely urgent and necessary to preserve the dwelling or to enjoy it. In addition, the tenant must have notified the landlord beforehand and given them a reasonable time to act: except in a case of extreme emergency.
A tenant who undertakes repairs in accordance with this article can then claim reimbursement of the reasonable expenses incurred, either directly from the landlord or by deducting them from the rent. It's this deduction mechanism that is of particular interest to tenants.
What is an urgent repair?
An urgent repair is one that cannot wait without causing serious harm to the tenant or the dwelling. These are situations where a prolonged delay would considerably worsen the problem or endanger the health and safety of the occupants.
Here are typical examples of urgent repairs: a heating breakdown in the middle of winter, a plumbing leak causing water damage, an electrical problem posing a risk of fire or electrocution, a broken window in cold weather, a sewer backup, or a severe pest infestation making the dwelling unfit.
By contrast, cosmetic work, faded paint, or a slightly dripping tap are generally not considered urgent, even if they are legitimate. For these situations, the normal application process at the TAL (Tribunal administratif du logement) is more appropriate.
The conditions for acting yourself
Before undertaking an urgent repair yourself, you must first notify your landlord of the problem. This notice should be in writing whenever possible: an email, a text message with a read receipt, or a registered letter. In an extreme emergency (an immediate risk to safety), a phone call followed by a written message can be enough.
If the landlord doesn't respond within a reasonable time given the seriousness of the situation, you can then proceed with the necessary repairs. This reasonable time varies with the urgency: a few hours for a heating breakdown in January, 24 to 48 hours for a significant leak, or a few days for a serious but not immediately dangerous problem.
How to proceed
The first step is to notify your landlord in writing, describing the problem precisely and asking them to act quickly. Document the situation with dated photos and videos showing the condition of the premises and the seriousness of the problem. This documentation will be essential if the landlord later contests.
If the landlord doesn't respond within the reasonable time, get at least a written quote from a qualified professional before having the work done. The cost must be reasonable: the TAL could refuse to reimburse you if you chose an excessively expensive provider when a cheaper option was available.
Once the work is done, carefully keep all the original invoices and receipts. Ask the professional for a report describing the problem found, the work carried out, and why it was necessary. Then send a copy of these documents to your landlord, asking for reimbursement.
Deducting the expenses from the rent
Article 1868 C.C.Q. allows the tenant to withhold from their rent the reasonable expenses they incurred to carry out urgent and necessary repairs. In practical terms, if you spent $500 to have an urgent leak repaired, you can deduct that amount from your next rent or spread it over several months.
Be careful, though: this deduction carries risks. If the landlord considers that the repair wasn't urgent or that the amount is excessive, they could file an application with the TAL for non-payment of rent. You would then have to prove that the repair really was urgent, that you notified the landlord, that you gave them a reasonable time, and that the expenses were reasonable.
To minimize the risks, send a demand letter (mise en demeure) to your landlord before making the deduction, attaching the invoices and informing them of your intention to withhold the amount from your rent. Keep a copy of this correspondence. Our demand letter template for repairs not carried out already sets out the right Civil Code articles.
When NOT to act alone
It's important to recognize the situations where it's better not to act alone and to go through the TAL instead. If the repair isn't urgent: that is, it can wait a few weeks without the situation getting worse: you should first send a demand letter to your landlord, then file an application with the TAL if they don't respond.
Likewise, if the necessary work is major in scale and costs several thousand dollars, it's wiser to get authorization from the TAL before undertaking it. Otherwise, the tribunal could find that the amount was disproportionate or that the work went beyond what was strictly necessary in the immediate term.
In all cases, document everything and act in good faith. Locato supports you in these steps by helping you draft your demand letters and build a complete file.