Article 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.
Civil Code of Québec, art. 1855 C.c.Q.
What this article means
Article 1855 sets out, in a single sentence, the tenant's two core obligations: to pay the agreed rent, and to use the dwelling prudently and diligently. Every other tenant obligation (respecting the neighbours' peaceful enjoyment, allowing necessary repairs, keeping the unit clean) flows from or rounds out these two basic duties.
The duty to pay rent is strict: the tenant must pay the agreed amount on the agreed date, without making unilateral deductions. The only exceptions are deductions allowed by law (urgent repairs made by the tenant under article 1868) or ordered by the TAL (Tribunal administratif du logement), such as a rent reduction for disturbed enjoyment. A tenant who disagrees with the landlord cannot simply stop paying: they must pay and then formally ask for a reduction.
Using the dwelling prudently and diligently means the tenant must avoid damaging the home and must use it in a normal way. This covers everyday care (not causing water damage, not overloading the electrical system) and following the building's rules. Falling short of this duty can justify a termination application by the landlord (article 1863 or 1971).
What it means for you
If you are a tenant
Even if your landlord is not living up to their obligations, you are still required to pay the rent. Never stop paying on your own initiative: doing so exposes you to a termination application for unpaid rent (article 1971). If your landlord is failing to meet their obligations, formally ask the TAL (Tribunal administratif du logement) for a rent reduction instead.
Using the dwelling prudently also means you are responsible for any damage you cause. Make sure you have tenant home insurance to cover your civil liability: it is not required by law, but it is strongly recommended to avoid a financial disaster if an accident happens.
If you are a landlord
Article 1855 is the foundation of your remedies when a tenant falls short. For late payment, use articles 1971 (termination for rent that is three weeks overdue) and 1883 (payment before judgment). For imprudent use (damage, disturbances, rule violations), use article 1863 to seek termination for non-performance.
Document every breach: photos of the damage, complaints from other tenants, and demand letters (mise en demeure). The stronger your file, the better your chances of succeeding at the TAL (Tribunal administratif du logement).
Related articles
- Article 1973 C.c.Q.: Resiliation by the Court: Grace Period or Immediate Resiliation
- Article 1971 C.c.Q.: Lease termination for late rent payment
- Article 1883 C.c.Q.: Paying before judgment to avoid lease termination
- Article 2925 C.c.Q.: The three-year prescription period for claims
- Article 1594 C.c.Q.: Putting the other party in default