Article 1869 C.c.Q.: Reimbursement for urgent repairs made by the tenant

The lessee is bound to render an account to the lessor of the repairs or improvements made to the property and the expenses incurred and to hand over to him the vouchers for such expenses and, in the case of movable property, the replaced parts. The lessor is bound to reimburse the lessee for any amount in excess of the rent withheld, but not in excess of the amount the lessee was authorized to disburse, where that is the case.

Civil Code of Québec, art. 1869 C.c.Q.

What this article means

Article 1869 rounds out article 1868 by defining the accounting duties that follow an urgent repair made by the tenant. Once the tenant has made urgent and necessary repairs on their own authority (article 1868), they must account to the landlord for every expense incurred, hand over the supporting receipts, and (for any movable property replaced) return the original parts.

For their part, the landlord must reimburse the expenses the tenant incurred, to the extent they were authorized. If the tenant advanced the money and deducted it from the rent, the landlord must reimburse whatever is left over. If the expenses went beyond the authorized amount, the landlord only has to reimburse up to that authorized amount: a tenant who spends more does so at their own risk.

This article strikes a balance: the tenant can act in an emergency without prior authorization, but must then justify the expenses rigorously. The landlord keeps oversight of the amounts spent and isn't exposed to excessive or unjustified costs.

What it means for you

If you are a tenant

After making an urgent repair under article 1868, put together a complete file: original invoices, before/after photos, a description of the problem, and your attempts to reach the landlord. Send the landlord a copy along with your explanation of the deduction applied to the rent.

Be reasonable in choosing contractors: the TAL (Tribunal administratif du logement) only allows reasonable expenses. An inflated price or a high-end contractor can lead to a partial refusal. Keep any replaced parts if they relate to movable property (a faucet, a handle, etc.) in case the landlord asks for them.

If you are a landlord

When a tenant hands you an account of an urgent repair, review the supporting documents carefully. If the expenses seem excessive or unjustified, challenge them before the TAL (Tribunal administratif du logement) rather than refusing them outright. Your defence should be about whether the expenses were reasonable, not about the tenant's right to act in an emergency.

If you're disputing the right to act at all (say, because you weren't warned or the emergency wasn't real), gather your evidence: the tenant's messages, your response time, calls or emails. Any refusal to reimburse should be documented and justified.

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 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 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