Article 1860 C.c.Q.: 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.

Civil Code of Québec, art. 1860 C.c.Q.

What this article means

Article 1860 is the foundation of remedies against noisy or disruptive neighbours in a rental building. Every tenant must act in a way that does not disturb the normal enjoyment of the other tenants: excessive noise, odours, aggressive behaviour, or any other repeated interference with the peace of the premises.

The tenant's responsibility extends to the people they allow to use or access the dwelling: guests, family members, subtenants. The tenant at fault must make reparation for the injury caused, both towards the landlord and towards the other tenants.

The third paragraph gives the landlord a direct lever: in case of violation, the landlord may apply for resiliation of the offending tenant's lease. Combined with the landlord's own obligation to provide peaceable enjoyment of the premises (article 1854), this article puts the landlord at the centre of resolving neighbour conflicts in their building.

What it means for you

If you are a tenant

If a neighbour in your building repeatedly disturbs your peace, article 1860 matters to you in two ways. First, the noisy tenant has a direct obligation not to disturb your normal enjoyment, and must repair the harm they cause. Second, your landlord has an obligation to provide you with peaceable enjoyment of the premises (article 1854): document the incidents (dates, times, recordings, complaints), notify the landlord in writing and, if nothing changes, send them a demand letter requiring action.

If you are the tenant facing complaints, take them seriously: resiliation of your lease is a possible outcome, and you also answer for the people you let into your home.

If you are a landlord

Article 1860 gives you the legal lever to act against a tenant who disturbs the other occupants' enjoyment: you may apply for resiliation of their lease. Document the complaints received, notify the offending tenant in writing, then send a demand letter with proof of receipt before going to the tribunal: that file will show the repeated nature of the disturbances.

Acting is also in your own interest: towards your other tenants, you are bound to provide peaceable enjoyment of the premises (article 1854). A landlord who lets a disturbance situation drag on is exposed to remedies from the tenants who endure it, notably a rent reduction.

Related articles

• Article 1910 C.c.Q.: Dwelling in Good Habitable Condition
• Article 1854 C.c.Q.: The landlord's core obligations
• 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