Article 1864 C.c.Q.: The landlord's duty to make necessary repairs

The lessor is bound, during the term of the lease, to make all necessary repairs to the leased property other than minor maintenance repairs, which are assumed by the lessee unless they result from the age of the property or superior force.

Civil Code of Québec, art. 1864 C.c.Q.

What this article means

Article 1864 sets out who is responsible for repairs during the lease. The landlord is responsible for all necessary repairs (the ones that affect the essential parts of the home and its major systems) while the tenant is responsible only for minor upkeep repairs.

The necessary repairs that fall to the landlord include: plumbing, electricity, heating, the roof, exterior windows and doors, structural walls, appliances supplied with the home, and anything affecting habitability. These duties cannot be shifted onto the tenant by a clause in the lease.

The minor upkeep repairs that fall to the tenant include: replacing a lightbulb, unclogging a sink, tightening a loose handle. But even these small repairs become the landlord's responsibility when they result from normal wear (aging of the property) or from a superior force (force majeure).

What it means for you

If you are a tenant

Never let a clause make you responsible for "major repairs": it is of no effect. Your landlord is required by law to make all necessary repairs, no matter what your lease says.

When you report a necessary repair, do it in writing and keep proof. If the landlord drags their feet or refuses, send a formal demand letter (mise en demeure). In an emergency, you can carry out the repairs yourself and claim back the cost under article 1868.

If you are a landlord

The duty to repair is ongoing and cannot be handed to the tenant for structural elements and essential systems. Put a preventive maintenance routine in place so small problems don't turn into costly repairs.

When a tenant reports a problem, respond quickly and in writing, and keep a record of what you did. A responsive landlord who fixes problems promptly is far less exposed to claims for a rent reduction or damages.

Related articles

• Article 1860 C.c.Q.: Duty Not to Disturb Other Tenants
• Article 1910 C.c.Q.: Dwelling in Good Habitable Condition
• Article 1854 C.c.Q.: The landlord's core obligations
• 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