Article 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.
Civil Code of Québec, art. 1863 C.c.Q.
What this article means
Article 1863 is a general provision that lets either party to the lease seek termination when the other party fails to meet its obligations and that failure causes serious harm. The harm can be suffered by the wronged party itself or, for an immovable lease, by other occupants of the building.
On the tenant's side, non-performance can include: unpaid rent, damage to the dwelling, disturbances to other tenants, using the dwelling for unauthorized purposes, or refusing to allow access for necessary repairs. On the landlord's side, non-performance can include: neglected maintenance, failing to respect peaceful enjoyment, harassment, or falling short of any obligation set out in the lease.
This article also lets the tenant obtain a rent reduction when the landlord fails to perform. When the TAL (Tribunal administratif du logement) grants such a reduction, the landlord who then fixes the problem can still ask for the rent to be restored going forward.
What it means for you
If you are a tenant
If your landlord seriously fails to meet their obligations (for example, they refuse to make essential repairs, do not respect your peaceful enjoyment, or breach the terms of the lease) you can ask the TAL (Tribunal administratif du logement) to terminate the lease. You will need to show the non-performance, how serious it is, and the steps you took to get it fixed (demand letters, complaints).
You can also ask for a rent reduction covering the whole period your rights were affected. Termination is not automatic: the TAL may order the landlord to fix the situation rather than terminate the lease. If termination is granted, you may also be awarded damages.
If you are a landlord
This article lets you seek termination for any serious non-performance by the tenant, beyond just unpaid rent. But the non-performance has to be serious enough to justify termination. The TAL (Tribunal administratif du logement) is reluctant to terminate a lease over minor breaches.
Document every breach and send demand letters (mise en demeure) before filing your application. The TAL will weigh how serious the situation is, the good faith of both parties, and the consequences of termination for each of them.
Related articles
- Article 1972 C.c.Q.: Resiliation: Dwelling Unfit for Habitation
- Article 1974 C.c.Q.: Lease termination: disability, low-rental housing, or admission to a CHSLD
- Article 1974.1 C.c.Q.: Lease termination: sexual violence, spousal violence, or violence towards a child
- Article 1975 C.c.Q.: Termination for a tenant who leaves or abandons an unfit dwelling
- Article 1976 C.c.Q.: Termination of a lease accessory to an employment contract
- Article 1936 C.c.Q.: The right to remain in the dwelling