Housing law glossary
The articles of the Civil Code of Québec that apply to housing disputes, explained in plain language.
Rent setting
See the full page →Automatic Lease Renewal
A lessee entitled to maintain occupancy and having a lease with a fixed term is entitled by operation of law to its renewal at term. The lease is renewed at term on the same conditions and for the same term or, if the term of the initial lease exceeds 12 months, for a term of 12 months. The parties may, however, agree on a different renewal term.
Art. 1942 C.c.Q.Notice of Modification to the Lease
At the renewal of the lease, the lessor may modify its conditions, particularly the term or the rent, but only if he gives notice of the modification to the lessee not less than three months nor more than six months before term. If the term of the lease is less than 12 months, the notice shall be given not less than one month nor more than two months before term. A lessor may not modify a lease with an indeterminate term unless he gives the lessee a notice of not less than one month nor more than two months. The notice is of not less than 10 days nor more than 20 days in the case of the lease of a room.
Art. 1945 C.c.Q.Tenant's Deadline to Respond to a Notice of Modification
A lessee who objects to the modification proposed by the lessor is bound to notify the lessor, within one month after receiving the notice of modification of the lease, that he objects or that he is vacating the dwelling; otherwise, he is deemed to have agreed to the renewal of the lease on the conditions proposed by the lessor. In the case of a lease of a dwelling described in article 1955, however, the lessee shall vacate the dwelling upon termination of the lease if he objects to the proposed modification.
Art. 1947 C.c.Q.Having the Rent Set by the Tribunal
Where a lessee objects to the proposed modification, the lessor may apply to the court, within one month after receiving the notice of objection, to have the rent fixed or for a ruling on any other modification of the lease, as the case may be. Where a lessee who has subleased his dwelling for more than 12 months refuses to vacate the premises, the lessor may also apply to the court to terminate the lease. If the lessor fails to file an application within one month after the objection or the refusal, the lease is renewed by operation of law on the same conditions. If the court dismisses the application to terminate the lease but its decision is rendered after the expiry of the time for giving notice of modification of the lease, the lease is renewed but the lessor may, within one month after the final judgment, apply to the court to have a new rent fixed.
Art. 1950 C.c.Q.New Tenant: Right to Have the Rent Set
A new lessee or a sublessee may apply to the court to have the rent fixed if his rent is higher than the lowest rent paid during the 12 months preceding the beginning of the lease or sublease, as the case may be, unless that rent has already been fixed by the court. He may apply only within 10 days after the lease or sublease has been entered into. If at the time the lease or sublease is entered into he has not received the notice from the lessor indicating the lowest rent paid in the preceding year, he may apply not later than two months after the beginning of the lease or sublease; where the lessor has given a notice containing a misrepresentation, the new lessee or sublessee may apply not later than two months after becoming aware of that fact.
Art. 1953 C.c.Q.Criteria for Setting the Rent
Where the court has an application before it for the fixing or adjustment of rent, it takes into consideration the standards prescribed by regulation. The rent fixed by the court is in force for the term of the renewed lease or for such term, not in excess of 12 months, as it determines. If the court grants an increase of rent, it may spread the payment of the arrears over a period not exceeding the term of the renewed lease.
Art. 1955 C.c.Q.New Building Under 5 Years Old: Clause F
Neither the lessor nor the lessee of a dwelling leased by a housing cooperative may apply to the court to have the rent fixed or any other condition of the lease modified. Similarly, the lessor or the lessee of a dwelling situated in a recently erected immovable or an immovable used for rental as a result of a recent change of destination may not pursue such a remedy within five years after the date on which the immovable is ready for its intended use. Those restrictions may not be set up by the lessor against the lessee unless they are set out in the lease and, in the case of a dwelling referred to in the second paragraph, unless the lease indicates the maximum rent that the lessor may impose in the five years after the date on which the immovable is ready for its intended use. The above rules do not apply in the case of a dwelling that has been the subject of a change of destination referred to in article 1955.1.
Art. 1946 C.c.Q.Tenant's Right to End the Lease When No Notice of Modification Was Received
A lessee who has not received a notice of modification of the conditions of the lease from the lessor may avoid the renewal of a lease with a fixed term or terminate a lease with an indeterminate term by giving notice of non-renewal or resiliation of the lease to the lessor, within the same time as a lessor giving notice of modification.
Art. 1906 C.c.Q.Rent Adjustment Clauses Without Effect
A clause in a lease with a fixed term of 12 months or less providing for an adjustment of the rent during the term of the lease is without effect. A clause in a lease with a term of more than 12 months providing for an adjustment of the rent during the first 12 months of the lease or more than once during each 12 month period is also without effect.
Art. 1938 C.c.Q.Right to Stay for a Spouse, a Relative, or After a Death
The married, civil union or parental union spouse of a lessee, or a person who has been living with the lessee for at least six months, being the de facto spouse of the lessee, a relative or a person connected to the lessee by marriage or a civil union, is entitled to maintain occupancy and becomes the lessee if he or she continues to occupy the dwelling after the cessation of cohabitation and gives notice to that effect to the lessor within two months after the cessation of cohabitation. A person living with the lessee at the time of death of the lessee has the same right and becomes the lessee if he or she continues to occupy the dwelling and gives notice to that effect to the lessor within two months after the death. If the person does not avail himself or herself of this right, the liquidator of the succession or, failing him or her, an heir may, in the month which follows the expiry of the period of two months, resiliate the lease by giving notice of one month to that effect to the lessor. In all cases, if part of the rent covers services of a personal nature provided to the lessee, the person living with the lessee at the time of the lessee’s death, the liquidator of the succession or the heir is only required to pay that part of the rent that relates to the services which were provided during the lifetime of the lessee. The same applies to the cost of such services if they are provided by the lessor under a contract separate from the lease.
Non-payment of rent
See the full page →Resiliation by the Court: Grace Period or Immediate Resiliation
Where either of the parties applies for the resiliation of the lease, the court may grant it immediately or order the debtor to perform his obligations within the period it determines, except where payment of the rent is over three weeks late. Where the debtor does not comply with the decision of the court, the court resiliates the lease on the application of the creditor.
Art. 1971 C.c.Q.Lease termination for late rent payment
The lessor may obtain the resiliation of the lease if the lessee is over three weeks late in paying the rent or, if he suffers serious injury as a result, where the lessee is frequently late in paying it.
Art. 1883 C.c.Q.Paying before judgment to avoid lease termination
A lessee against whom proceedings for resiliation of a lease are brought for non-payment of the rent may avoid the resiliation by paying, before judgment, in addition to the rent due and costs, interest at the rate fixed in accordance with section 28 of the Tax Administration Act (chapter A-6.002) or at any other lower rate agreed with the lessor.
Art. 1855 C.c.Q.The tenant's core obligations
The lessee is bound to pay the agreed rent and to use the property with prudence and diligence during the term of the lease.
Art. 2925 C.c.Q.The three-year prescription period for claims
An action to enforce a personal right or movable real right is prescribed by three years, if the prescriptive period is not otherwise determined.
Art. 1594 C.c.Q.Putting the other party in default
A debtor may be in default for failing to perform the obligation owing to the terms of the contract itself, when it contains a stipulation that the mere lapse of time for performing it will have that effect. A debtor may also be put in default by an extrajudicial demand to perform the obligation addressed to him by his creditor, a judicial application filed against him or the sole operation of law.
Loss of enjoyment
See the full page →Duty Not to Disturb Other Tenants
A lessee is bound to act in such a way as not to disturb the normal enjoyment of the other lessees. He is bound, towards the lessor and the other lessees, to make reparation for injury that results from a violation of that obligation, whether the violation is due to his own act or omission or to the act or omission of persons he allows to use or to have access to the property. In case of violation of this obligation, the lessor may apply for resiliation of the lease.
Art. 1910 C.c.Q.Dwelling in Good Habitable Condition
A lessor is bound to deliver a dwelling in good habitable condition; he is bound to maintain it in that condition throughout the term of the lease. A stipulation whereby a lessee acknowledges that the dwelling is in good habitable condition is without effect.
Art. 1854 C.c.Q.The landlord's core obligations
The lessor is bound to deliver the leased property to the lessee in a good state of repair in all respects and to provide him with peaceable enjoyment of the property throughout the term of the lease. He is also bound to warrant the lessee that the property may be used for the purpose for which it was leased and to maintain the property for that purpose throughout the term of the lease.
Art. 1864 C.c.Q.The landlord's duty to make necessary repairs
The lessor is bound, during the term of the lease, to make all necessary repairs to the leased property other than minor maintenance repairs, which are assumed by the lessee unless they result from the age of the property or superior force.
Art. 1868 C.c.Q.Urgent and necessary repairs made by the tenant
After the lessee has attempted to inform the lessor, or has informed him and the lessor fails to act in due time, the lessee may undertake repairs or incur expenses, even without the authorization of the court, provided they are urgent and necessary to ensure the preservation or enjoyment of the leased property. The lessor may intervene at any time, however, to pursue the work. The lessee is entitled to reimbursement of the reasonable expenses he incurred for that purpose; he may, if necessary, withhold the amount of such expenses from his rent.
Art. 1913 C.c.Q.A home unfit for habitation
The lessor may not offer for rent or deliver a dwelling that is unfit for habitation. A dwelling is unfit for habitation if it is in such a condition as to be a serious danger to the health or safety of its occupants or the public, or if it has been declared so by the court or by a competent authority.
Art. 1902 C.c.Q.Harassment in housing
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.
Art. 1931 C.c.Q.The landlord's access to the home
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.
Art. 1869 C.c.Q.Reimbursement for urgent repairs made by the tenant
The lessee is bound to render an account to the lessor of the repairs or improvements made to the property and the expenses incurred and to hand over to him the vouchers for such expenses and, in the case of movable property, the replaced parts. The lessor is bound to reimburse the lessee for any amount in excess of the rent withheld, but not in excess of the amount the lessee was authorized to disburse, where that is the case.
Art. 1893 C.c.Q.Clauses that stray from the tenant's rights are of no effect
A clause in a lease of a dwelling which is inconsistent with the provisions of this section, the second paragraph of article 1854 or articles 1856 to 1858, 1860 to 1863, 1865, 1866, 1868 to 1872, 1875, 1876 and 1883 is without effect.
Art. 1900 C.c.Q.Prohibited clauses in a residential lease
A clause which limits the liability of the lessor or exempts him from liability or renders the lessee liable for injury caused without his fault is without effect. A clause to modify the rights of a lessee by reason of an increase in the number of occupants, unless the size of the dwelling warrants it, or to limit the right of a lessee to purchase property or obtain services from such persons as he chooses, and on such terms and conditions as he sees fit, is also without effect.
Art. 1901 C.c.Q.Abusive clauses in a residential lease
A clause stipulating a penalty of an amount exceeding the value of the injury actually suffered by the lessor, or imposing an obligation on the lessee which is unreasonable in the circumstances, is an abusive clause. Such a clause is null or any obligation arising from it may be reduced.
Art. 1904 C.c.Q.No security deposit and no rent in advance
The lessor may not exact any instalment in excess of one month’s rent; he may not exact payment of rent in advance for more than the first payment period or, if that period exceeds one month, payment of more than one month’s rent. Nor may he exact any amount of money other than the rent, in the form of a deposit or otherwise, or demand that payment be made by postdated cheque or any other postdated instrument.
Art. 1911 C.c.Q.The duty to keep the home clean
The lessor is bound to deliver the dwelling in clean condition and the lessee is bound to keep it so. Where the lessor carries out work in the dwelling, he shall restore it to clean condition.
Art. 1912 C.c.Q.Failures to Meet Safety and Sanitation Standards
The following give rise to the same remedies as failure to perform an obligation under the lease: (1) failure on the part of the lessor or the lessee to comply with an obligation imposed by law with respect to the safety and sanitation of dwellings; (2) failure on the part of the lessor to comply with the minimum requirements fixed by law with respect to the maintenance, habitability, safety and sanitation of immovables comprising a dwelling.
Repossession of a dwelling
See the full page →Right to repossess a dwelling
The lessor of a dwelling who is the owner of the dwelling may repossess it as a residence for himself or herself or for ascendants or descendants in the first degree or for any other relative or person connected by marriage or a civil union of whom the lessor is the main support. The lessor may also repossess the dwelling as a residence for a spouse of whom the lessor remains the main support after a separation from bed and board or divorce or the dissolution of a civil union.
Art. 1960 C.c.Q.Notice of repossession: deadlines
A lessor wishing to repossess a dwelling or to evict a lessee shall notify him at least six months before the expiry of the lease in the case of a lease with a fixed term; if the term of the lease is six months or less, the notice is of one month. In the case of a lease with an indeterminate term, the notice shall be given six months before the date of repossession or eviction.
Art. 1962 C.c.Q.Tenant's reply to a notice of repossession
Within one month after receiving a notice of repossession or of eviction, the lessee is bound to notify the lessor as to whether or not he intends to comply with the notice; otherwise, he is deemed to have refused to vacate the dwelling.
Art. 1963 C.c.Q.Tribunal authorization for repossession
If the lessee refuses to vacate the dwelling, the lessor may nevertheless repossess it or evict the lessee with the authorization of the court. The application for authorization must be made within one month after the refusal by the lessee; the lessor shall show the court that he truly intends to repossess the dwelling or evict the lessee for the purpose mentioned in the notice and not as a pretext for other purposes and, in the case of an eviction, that the subdivision, enlargement or change of destination of the dwelling is permitted by law.
Art. 1965 C.c.Q.Indemnity for repossession and eviction
The lessor shall pay to the evicted lessee reasonable moving expenses as well as an indemnity equal to one month’s rent for each year of uninterrupted lease of the dwelling by the lessee, which indemnity may not however exceed an amount representing 24 months’ rent or be less than an amount representing 3 months’ rent. If the lessee considers that the injury suffered warrants a greater indemnity, the lessee may apply to the court to have the amount fixed. Unless the court decides otherwise, the indemnity is payable at the expiry of the lease; the moving expenses are payable on presentation of vouchers.
Art. 1968 C.c.Q.Damages for a bad-faith repossession or eviction
The lessee may recover damages resulting from repossession or eviction, whether or not he has consented to it, unless the lessor proves that the repossession or eviction was in good faith. The lessee may also apply for punitive damages against the lessor if the lessee shows that the repossession or eviction was in bad faith.
Art. 1959.1 C.c.Q.Protection for senior tenants against repossession
The lessor may not repossess a dwelling or evict a lessee if the lessee or the lessee’s spouse, at the time of repossession or eviction, is 65 years of age or over, has occupied the dwelling for at least 10 years and has income equal to or less than 125% of the maximum income qualifying the lessee or spouse for a dwelling in low-rental housing according to the By-law respecting the allocation of dwellings in low rental housing (chapter S-8, r. 1). However, the lessor may repossess the dwelling if (1) the lessor is 65 years of age or over and wishes to repossess the dwelling as a residence for himself; (2) the beneficiary of the repossession is 65 years of age or over; (3) the lessor is an owner-occupant 65 years of age or over and wishes to have a beneficiary less than 65 years of age reside in the same immovable as himself. The Société d’habitation du Québec shall publish the maximum income thresholds qualifying a lessee for a dwelling in low-rental housing on its website.
Art. 1961 C.c.Q.Content of a notice of repossession or eviction
In a notice of repossession, the date fixed for the dwelling to be repossessed, the name of the beneficiary and, where applicable, the degree of relationship or the bond between the beneficiary and the lessor shall be indicated. In a notice of eviction, the reason for and the date of eviction shall be indicated. These notices shall reproduce the content of article 1959.1. In the case of a notice of eviction that concerns a dwelling situated in a private seniors’ residence or in another lodging facility where services of a personal nature provided to the lessee are provided to seniors, the notice must also reproduce the content of articles 1955.1 and 1959.2. Repossession or eviction may take effect after the date set forth in the notice, upon application by the lessee and with the authorization of the court.
Art. 1964 C.c.Q.Repossession Barred Where an Equivalent Dwelling Is Available
The lessor may not, without the consent of the lessee, avail himself of the right to repossess the dwelling where he owns another dwelling that is vacant or offered for rent on the date fixed for repossession, and that is of the same type as that occupied by the lessee, situated in the same neighbourhood and at equivalent rent.
Art. 1958 C.c.Q.Repossession and Undivided Co-Ownership
The owner of an undivided share of an immovable may not repossess any dwelling in the immovable unless the only other owner is his or her spouse.
Major work and renovations
See the full page →Notice of major work
No major improvements or major repairs, other than urgent repairs, may be made in a dwelling without prior notice from the lessor to the lessee and, if it is necessary for the lessee to vacate temporarily, until the lessor has offered him an indemnity equal to the reasonable expenses he will have to incur by reason of the vacation.
Art. 1923 C.c.Q.Content of a notice of major work
The notice given to the lessee indicates the nature of the work, the date on which it is to begin and an estimate of its duration and, where required, the necessary period of vacancy; it also specifies the amount of the indemnity offered, where applicable, and any other conditions under which the work will be carried out, if they are of such a nature as to cause a substantial reduction of the enjoyment of the premises. The notice shall be given at least 10 days before the date on which the work is to begin or, if a period of vacation of more than one week is necessary, at least three months before that date.
Art. 1924 C.c.Q.Payment of the relocation indemnity
The indemnity due to a lessee by reason of temporary vacation is payable on the date he vacates. If the indemnity proves inadequate, the lessee may be reimbursed for any reasonable expenses incurred beyond the amount of the indemnity. The lessee may also, depending on the circumstances, obtain a reduction of rent or resiliation of the lease.
Art. 1959 C.c.Q.Eviction for subdivision, enlargement, or change of use
The lessor of a dwelling may evict the lessee to subdivide the dwelling, enlarge it substantially or change its destination.
Art. 1866 C.c.Q.Tenant's Duty to Report Defects
A lessee who becomes aware of a serious defect or deterioration of the leased property is bound to inform the lessor within a reasonable time.
Lease termination
See the full page →Resiliation: Dwelling Unfit for Habitation
The lessor or the lessee may apply for the resiliation of the lease if the dwelling becomes unfit for habitation.
Art. 1974 C.c.Q.Lease termination: disability, low-rental housing, or admission to a CHSLD
A lessee may resiliate the current lease if he or she is allocated a dwelling in low-rental housing or, because of a decision of the court, the lessee is relocated in an equivalent dwelling corresponding to his or her needs; the lessee may also resiliate the lease if he or she can no longer occupy the dwelling because of a handicap or, in the case of a senior, if he or she is permanently admitted to a residential and long-term care centre, to a facility operated by an intermediate resource, to a private seniors’ residence where the nursing care and personal assistance services required by his or her state of health are provided, or to any other lodging facility, regardless of its name, where such care and services are provided, whether or not the lessee already resides in such a place at the time of admission. The resiliation takes effect two months after a notice is sent to the lessor, or one month after the notice is sent if the lease is for an indeterminate term or a term of less than 12 months. However, the resiliation takes effect before the two-month or one-month period expires if the parties so agree or when the dwelling, having been vacated by the lessee, is re-leased by the lessor during that same period. The notice must be sent with an acknowledgement from the authority concerned and, in the case of a senior, with a certificate from an authorized person stating that the conditions requiring admission to the facility have been met. If part of the rent covers the cost of services of a personal nature provided to the lessee, the lessee is only required to pay that part of the rent that relates to the services which were provided before he or she vacated the dwelling. The same applies to the cost of such services if they are provided by the lessor under a contract separate from the lease.
Art. 1974.1 C.c.Q.Lease termination: sexual violence, spousal violence, or violence towards a child
A lessee may resiliate the current lease if, because of sexual violence, spousal violence or violence towards a child living in the dwelling covered by the lease, the safety of the lessee or of the child is threatened. The resiliation takes effect two months after a notice is sent to the lessor or one month after the notice is sent if the lease is for an indeterminate term or a term of less than 12 months. However, the resiliation takes effect before the two-month or one-month period expires if the parties so agree or when the dwelling, having been vacated by the lessee, is re-leased by the lessor during that same period. The notice must be sent with an attestation from a public servant or public officer designated by the Minister of Justice, who, on examining a judgment confirming a situation of violence or the lessee’s affidavit that there exists a situation involving violence and other factual elements or documents supporting the lessee’s statement provided by persons in contact with the victims, considers that the resiliation of the lease is a measure that will ensure the safety of the lessee or of a child living with the lessee. The public servant or public officer must act promptly. If part of the rent covers the cost of services of a personal nature provided to the lessee or to a child of the lessee who lives with the lessee, the lessee is only required to pay that part of the rent that relates to the services which were provided before he or she vacated the dwelling. The same applies to the cost of such services if they are provided by the lessor under a contract separate from the lease.
Art. 1975 C.c.Q.Termination for a tenant who leaves or abandons an unfit dwelling
The lease is resiliated by operation of law where a lessee abandons the dwelling without any reason, taking his movable effects with him; it may also be resiliated without further reason, where the dwelling is unfit for habitation and the lessee abandons it without notifying the lessor.
Art. 1976 C.c.Q.Termination of a lease accessory to an employment contract
An employer may, where an employee ceases to be in his employ, resiliate a lease that is accessory to the contract of employment by giving the employee prior notice of one month, unless otherwise stipulated in the contract. An employee may resiliate such a lease upon the termination of the contract of employment by giving prior notice of one month to his employer, unless otherwise stipulated in the contract.
Art. 1863 C.c.Q.Lease termination for non-performance of obligations
The nonperformance of an obligation by one of the parties entitles the other party to apply for, in addition to damages, specific performance of the obligation in cases which admit of it. He may apply for the resiliation of the lease where the nonperformance causes serious injury to him or, in the case of the lease of an immovable, to the other occupants. The nonperformance also entitles the lessee to apply for a reduction of rent; where the court grants it, the lessor, upon remedying his default, is nonetheless entitled to the re-establishment of the rent for the future.
Art. 1936 C.c.Q.The right to remain in the dwelling
Every lessee has a personal right to maintain occupancy; he may not be evicted from the leased dwelling, except in the cases provided for by law.
Assignment and subletting
See the full page →The right to sublet or assign your lease
A lessee may sublease all or part of the leased property or assign the lease. In either case, he is bound to give the lessor notice of his intention and the name and address of the intended sublessee or assignee and to obtain the lessor’s consent to the sublease or assignment.
Art. 1871 C.c.Q.The landlord's refusal: serious reason and the 15-day deadline
The lessor may not refuse to consent to the sublease of the property or the assignment of the lease without a serious reason. If he refuses, he is bound to inform the lessee of his reasons for refusing within 15 days after receiving the notice; otherwise, he is deemed to have consented.
Art. 1872 C.c.Q.Reasonable expenses for a sublet or assignment
A lessor who consents to the sublease of the property or the assignment of the lease may not exact any payment other than the reimbursement of any reasonable expenses resulting from the sublease or assignment.
Art. 1978.2 C.c.Q.Refusing an assignment without a serious reason: resiliation by operation of law (Law 31)
A lessor who is given notice of the lessee’s intention to assign the lease may refuse to consent to it for a reason other than a serious reason referred to in the first paragraph of article 1871. In such a case, the lease is resiliated on the date of assignment indicated in the notice sent by the lessee.
Art. 1873 C.c.Q.The effects of assigning a lease
The assignment of a lease discharges the former lessee of his obligations, unless, where the lease is not a lease of a dwelling, the parties agree otherwise.
Art. 1876 C.c.Q.A subtenant's recourse against the landlord
Where a lessor fails to perform his obligations, the sublessee may exercise the rights and remedies of the lessee to have them performed.
Art. 1944 C.c.Q.Ending a lease after a long sublet
The lessor may avoid the renewal of the lease where the lessee has subleased the dwelling for more than 12 months by giving notice, within the same time as for modification of the lease, of his intention to terminate it to the lessee and to the sublessee. The lessor may similarly avoid the renewal of the lease where the lessee has died and no one was living with him at the time of the death, by giving the notice to the heir or to the liquidator of the succession.
Latent defects
See the full page →Warranty Against Latent Defects
The seller is bound to warrant the buyer that the property and its accessories are, at the time of the sale, free of latent defects which render it unfit for the use for which it was intended or which so diminish its usefulness that the buyer would not have bought it or paid so high a price if he had been aware of them. The seller is not bound, however, to warrant against any latent defect known to the buyer or any apparent defect; an apparent defect is a defect that can be perceived by a prudent and diligent buyer without the need to resort to an expert.
Art. 1728 C.c.Q.Seller Who Knew of the Defect: Damages
If the seller was aware or could not have been unaware of the latent defect, he is bound not only to restore the price, but also to make reparation for the injury suffered by the buyer.
Art. 1729 C.c.Q.Presumption of Defect Against a Professional Seller
In a sale by a professional seller, a defect is presumed to have existed at the time of the sale if the property malfunctions or deteriorates prematurely in comparison with identical property or property of the same type; such a presumption is rebutted if the defect is due to improper use of the property by the buyer.
Art. 1739 C.c.Q.Written Notice of a Latent Defect
A buyer who ascertains that the property is defective shall give notice in writing of the defect to the seller within a reasonable time after discovering it. Where the defect appears gradually, the time begins to run on the day that the buyer could suspect the seriousness and extent of the defect. The seller may not invoke the tardiness of a notice from the buyer if he was aware of the defect or could not have been unaware of it.
Formal demand and remedies
See the full page →Definition, Effects and Deadlines (Demand Letter)
A mise en demeure, called a demand letter or formal notice in English, is the formal written demand by which one person (the creditor) requires another (the debtor) to perform an obligation: pay an amount, carry out work, stop a behaviour, honour a contract. It sets out the facts, fixes a precise deadline for compliance and announces the remedies that will be pursued otherwise. In Quebec, it puts the debtor in default within the meaning of articles 1594 and 1595 of the Civil Code of Québec, which require that it be in writing and allow sufficient time to comply.
Sous toutes réservesMeaning of the Notice (Without Prejudice)
« Sous toutes réserves » is the notice placed at the top of a legal letter, notably a demand letter, to indicate that its content is neither an admission nor a waiver of any right. The sender keeps all of their rights and remedies, including those not mentioned in the letter. Its English equivalent is « without prejudice ».
Art. 1595 C.c.Q.Written Form of an Extrajudicial Demand
An extrajudicial demand by which a creditor puts his debtor in default must be made in writing. The demand must allow the debtor sufficient time for performance, having regard to the nature of the obligation and the circumstances; otherwise the debtor may perform the obligation within a reasonable time after the demand.
Art. 1597 C.c.Q.Debtor in Default by Operation of Law
A debtor is in default by the sole operation of law where the performance of the obligation would have been useful only within a certain time which he allowed to expire or where he failed to perform the obligation immediately despite the urgency that he do so. A debtor is also in default by operation of law where he has violated an obligation not to do, or where specific performance of the obligation has become impossible through his fault, and also where he has made clear to the creditor his intention not to perform the obligation or where, in the case of an obligation of successive performance, he has repeatedly refused or neglected to perform it.
Art. 1601 C.c.Q.Specific Performance of the Obligation
A creditor may, in cases which admit of it, demand that the debtor be forced to make specific performance of the obligation.
Art. 1604 C.c.Q.Resolution or Resiliation of the Contract for Non-Performance
Where the creditor does not avail himself of the right to force the specific performance of the contractual obligation of the debtor in cases which admit of it, he is entitled either to the resolution of the contract, or to its resiliation in the case of a contract of successive performance. However and notwithstanding any stipulation to the contrary, he is not entitled to resolution or resiliation of the contract if the default of the debtor is of minor importance, unless, in the case of an obligation of successive performance, the default occurs repeatedly, but he is then entitled to a proportional reduction of his correlative obligation. All the relevant circumstances are taken into consideration in assessing the proportional reduction of the correlative obligation. If the obligation cannot be reduced, the creditor is entitled to damages only.
Technology-based proof
Legal Value of Technology-Based Documents
The legal value of a document, particularly its capacity to produce legal effects and its admissibility as evidence, is neither increased nor diminished solely because of the medium or technology chosen. A document whose integrity is ensured has the same legal value whether it is a paper document or a document in any other medium, insofar as, in the case of a technology-based document, it otherwise complies with the legal rules applicable to paper documents. A document in a medium or based on technology that does not allow its integrity to be confirmed or denied may, depending on the circumstances, be admissible as testimonial evidence or real evidence and serve as commencement of proof, as provided for in article 2865 of the Civil Code. Where the law requires the use of a document, the requirement may be met by a technology-based document whose integrity is ensured.
Art. 28Transmission by a Means Appropriate to the Medium
A document may be transmitted, sent or forwarded by any means appropriate to the medium, unless the exclusive use of a specific means of transmission is required by law. Where the law requires the use of mail, the requirement may be met by means of the technology appropriate to the medium of the document. Similarly, where the law requires the use of registered mail, the requirement may be met, in the case of a technology-based document, by means of an acknowledgement of receipt in the appropriate medium signed by the recipient, or by any other agreed method. Where the law requires the transmission or reception of a document at a specific address, the address shall comprise, in the case of a technology-based document, an identifier specific to the location where the recipient may receive communication of such document.
Art. 31Presumption of Transmission and Receipt
A technology-based document is presumed transmitted, sent or forwarded where the action required to send it to the active address of the recipient has been accomplished by or on the instructions of the sender, and the transmission cannot be stopped or, although it can be stopped, is not stopped by or on the instructions of the sender. A technology-based document is presumed received or delivered where it becomes accessible at the address indicated by the recipient as the address where the recipient accepts the receipt of documents from the sender, or at the address that the recipient publicly represents as the address where the recipient accepts the receipt of documents, provided the address is active at the time of sending. The document received is presumed intelligible, unless notice to the contrary is sent to the sender as soon as the document is accessed. The time of sending or of receipt of a document may be established by producing a transmission slip or an acknowledgement of receipt or the information kept with the document providing it guarantees the date, hour, minute and second of sending or receipt and indicates the source and destination of the document, or by any other agreed method that provides the same guarantees.