Article 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.
Civil Code of Québec, art. 1601 C.c.Q.
What this article means
Article 1601 recognizes the creditor's right to demand specific performance of the obligation: that is, to require the debtor to do exactly what they undertook to do, rather than settle for compensation. In housing matters, this means one can seek performance of the obligation itself (for example, forcing a repair the landlord is bound to make) in cases which admit of it.
The text says "in cases which admit of it." Specific performance is not always possible: it cannot be imposed where it would require excessive constraint on the debtor's person or where it has become materially impossible. The tribunal assesses whether the nature of the obligation lends itself to such a measure.
This article is read alongside article 1604, which offers the creditor an alternative: instead of forcing specific performance, they can seek resolution or resiliation of the contract. The choice of remedy depends on the situation, the seriousness of the failure, and what the creditor is trying to obtain. A written demand is generally the preliminary step that formalizes the request for performance.
What it means for you
If you are a tenant
If your landlord fails to meet an obligation (for example, carrying out a repair that is theirs to do) you can, in cases which admit of it, seek specific performance rather than mere compensation: in other words, require that the work actually be done. A written demand that precisely describes what you're asking for is usually the first step.
Specific performance is not always granted; the tribunal assesses whether the obligation lends itself to it. State your demand clearly, set a reasonable deadline, and keep proof that it was sent and received before considering an application to the TAL (Tribunal administratif du logement).
If you are a landlord
Specific performance can also serve your interests: in cases which admit of it, you can require a tenant to meet a specific obligation under the lease rather than claim only damages. Describe the obligation at issue in a written demand and allow enough time.
Bear in mind this remedy has limits and the tribunal assesses whether it is appropriate. Depending on the situation, article 1604 offers another route: seeking resiliation of the lease. The choice depends on the seriousness and persistence of the failure.
Related articles
- Mise en demeure: Definition, Effects and Deadlines (Demand Letter)
- Sous toutes réserves: Meaning of the Notice (Without Prejudice)
- Article 1595 C.c.Q.: Written Form of an Extrajudicial Demand
- Article 1597 C.c.Q.: Debtor in Default by Operation of Law
- Article 1604 C.c.Q.: Resolution or Resiliation of the Contract for Non-Performance