Article 1868 C.c.Q.: Urgent and necessary repairs made by the tenant

After the lessee has attempted to inform the lessor, or has informed him and the lessor fails to act in due time, the lessee may undertake repairs or incur expenses, even without the authorization of the court, provided they are urgent and necessary to ensure the preservation or enjoyment of the leased property. The lessor may intervene at any time, however, to pursue the work. The lessee is entitled to reimbursement of the reasonable expenses he incurred for that purpose; he may, if necessary, withhold the amount of such expenses from his rent.

Civil Code of Québec, art. 1868 C.c.Q.

What this article means

Article 1868 lets the tenant act when the landlord fails to respond to an urgent situation. Faced with an urgent and necessary repair (a burst pipe, a heating failure in winter, a broken exterior door) the tenant can carry out the work or incur the expense even without prior authorization from the court.

Two conditions must be met: the repair has to be urgent (it can't wait without causing serious harm or further damage) and necessary (indispensable to preserving the property or enjoying the home). On top of that, the tenant must have tried to inform the landlord, or actually informed them without the landlord acting in time.

The tenant can then deduct the reasonable expenses from the rent, provided they account to the landlord and hand over the supporting receipts. This process protects the tenant against poor upkeep while preserving the landlord's right to challenge improper work or excessive costs.

What it means for you

If you are a tenant

Before acting on your own, document your attempt to reach the landlord (calls, texts, emails with timestamps). If the emergency truly can't wait, go ahead: but keep every invoice and piece of proof.

Choose reasonable contractors and don't overpay: the TAL (Tribunal administratif du logement) will only allow reasonable expenses. Give the landlord a copy of the invoices along with your adjusted rent, clearly explaining the deduction. If the landlord disputes it, you'll be able to justify each expense before the TAL.

If you are a landlord

Respond quickly when a tenant reports an emergency. An unreasonable delay lets the tenant act alone and deduct the cost from the rent. Give out an emergency contact number and make sure someone is watching it.

If the tenant carried out repairs you consider not urgent, not necessary, or excessively expensive, you can challenge them before the TAL (Tribunal administratif du logement). Keep the communications showing you were available and ready to step in.

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