Article 1866 C.c.Q.: Tenant's Duty to Report Defects
A lessee who becomes aware of a serious defect or deterioration of the leased property is bound to inform the lessor within a reasonable time.
Civil Code of Québec, art. 1866 C.c.Q.
What this article means
Article 1866 imposes a duty to inform on the tenant: where they become aware of a serious defect or deterioration of the leased property, they must inform the lessor within a reasonable time. The goal is to let the lessor step in before the problem worsens.
The duty covers only "serious" defects or deterioration: that is, significant ones, not minor wear and tear. What counts as a "reasonable time" is assessed on the circumstances: an urgent problem, like an active leak, calls for faster notice than slow deterioration. The notice has no form imposed by this article, but a written notice remains preferable for proof.
This duty has practical consequences: a tenant who neglects to inform the lessor of a serious problem they are aware of can be held responsible for the resulting worsening of the damage. Article 1866 is a reminder that maintaining the dwelling calls for cooperation, even where the repair itself falls to the lessor.
What it means for you
If you are a tenant
As soon as you notice a significant problem in your dwelling (infiltration, major breakage, serious deterioration) inform your landlord within a reasonable time. Even if the repair is theirs to make, the law requires you to report the problem promptly. A late report can make you responsible for the worsening of the damage.
Favour a written notice that describes the problem and the date you noticed it, and keep proof that it was sent and received. This writing protects you: it shows you met your duty and fixes when the landlord was informed.
If you are a landlord
Article 1866 requires your tenant to inform you, within a reasonable time, of serious defects or deterioration they notice. This lets you step in early and limit the damage. Make reporting easy by clearly indicating how to reach you.
On receiving a notice, act diligently on the repairs that fall to you. If a tenant delayed reporting a serious problem they were aware of, that omission can be relevant in assessing their responsibility for the worsening of the damage. Keep a record of the notices received and of your interventions.