Article 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.

Civil Code of Québec, art. 1854 C.c.Q.

What this article means

Article 1854 sets out the three core obligations a landlord owes every tenant: to deliver the home in good repair, to provide peaceful enjoyment of it, and to guarantee that the home can serve the use it was rented for. These obligations are a matter of public order: they cannot be signed away by a clause in the lease.

Peaceful enjoyment is a broad idea. It protects you against disturbances caused by the landlord (unauthorized entry, harassment, cut-off services) and gives you reasonable protection against disturbances caused by other tenants or by third parties under the landlord's control. The landlord is not an absolute guarantor of quiet, but must act diligently once a problem is reported.

The duty to maintain the home flows from the duty to deliver it: the landlord must keep the dwelling in a state that allows normal use for the entire term of the lease. Articles 1864 (necessary repairs), 1910 (habitability) and 1911 (cleanliness) fill in the details of this duty.

What it means for you

If you are a tenant

Your right to peaceful enjoyment is fundamental. If your landlord neglects upkeep, harasses you, or tolerates disturbances from other tenants, you have recourse. Document every incident (dates, what happened, witnesses, photos) and report it to the landlord in writing.

If the situation continues, you can ask the TAL (Tribunal administratif du logement) for a rent reduction, damages, and (in serious cases) cancellation of the lease. The TAL takes breaches of peaceful enjoyment seriously, especially when the landlord is the source of the problem or was warned and did nothing.

If you are a landlord

Your core obligations come from article 1854 and cannot be set aside, not even by a clause in the lease. Keep the home properly maintained, respond quickly to reports, and respect the tenant's privacy and quiet.

When a tenant reports a disturbance caused by another tenant, you have to step in. Staying passive can make you liable for the harm suffered. Your job is to act carefully and diligently to protect the peaceful enjoyment of all your tenants.

Related articles

• Article 1860 C.c.Q.: Duty Not to Disturb Other Tenants
• Article 1910 C.c.Q.: Dwelling in Good Habitable Condition
• Article 1864 C.c.Q.: The landlord's duty to make necessary repairs
• Article 1868 C.c.Q.: Urgent and necessary repairs made by the tenant
• Article 1913 C.c.Q.: A home unfit for habitation
• Article 1902 C.c.Q.: Harassment in housing
• Article 1931 C.c.Q.: The landlord's access to the home
• Article 1869 C.c.Q.: Reimbursement for urgent repairs made by the tenant
• Article 1893 C.c.Q.: Clauses that stray from the tenant's rights are of no effect
• Article 1900 C.c.Q.: Prohibited clauses in a residential lease
• Article 1901 C.c.Q.: Abusive clauses in a residential lease
• Article 1904 C.c.Q.: No security deposit and no rent in advance
• Article 1911 C.c.Q.: The duty to keep the home clean
• Article 1912 C.c.Q.: Failures to Meet Safety and Sanitation Standards