Article 1876 C.c.Q.: A subtenant's recourse against the landlord
Where a lessor fails to perform his obligations, the sublessee may exercise the rights and remedies of the lessee to have them performed.
Civil Code of Québec, art. 1876 C.c.Q.
What this article means
Article 1876 gives a subtenant a direct recourse against the main landlord when the landlord fails to meet their obligations. Even though the subtenant has no direct contract with the landlord (their contract is with the main tenant), the law lets them exercise the main tenant's rights and remedies to force the landlord to perform.
In practice, if the landlord refuses to make needed repairs, doesn't respect the obligation of peaceful enjoyment, or fails to meet any other obligation, the subtenant can go directly to the TAL (Tribunal administratif du logement): they don't have to go through the main tenant. They can ask for an order to carry out the work, a proportional rent reduction, or even resiliation of the sublease, depending on how serious the failure is.
This direct recourse protects the subtenant in situations where the main tenant is absent, unreachable, or unhelpful. It matters especially for long-term sublets, where the main tenant is often abroad or in another city.
What it means for you
If you are a tenant
If you're a subtenant and the landlord fails to meet their obligations (poor upkeep, disturbance of your enjoyment, harassment), you can act directly without waiting for the main tenant to step in. Send the main landlord a demand letter (mise en demeure) citing article 1876 and, if there's no response, file an application with the TAL (Tribunal administratif du logement).
Also tell the main tenant about your steps: even when you act on your own, good faith means keeping them informed. Keep proof of all your communications and of the problems you're reporting.
If you are a landlord
When a subtenant contacts you about a problem, don't send them back to the main tenant on the grounds that there's no direct link: article 1876 gives them a direct recourse. Address their concerns as you would for a main tenant, and document what you do.
If the problem stems from a failure by the main tenant (for example, damage caused by them or by another subtenant), you may still have to step in for the subtenant, then turn to the main tenant for compensation. The subtenant is entitled to peaceful enjoyment even though their contract is with the main tenant.
Related articles
- Article 1870 C.c.Q.: The right to sublet or assign your lease
- Article 1871 C.c.Q.: The landlord's refusal: serious reason and the 15-day deadline
- Article 1872 C.c.Q.: Reasonable expenses for a sublet or assignment
- Article 1978.2 C.c.Q.: Refusing an assignment without a serious reason: resiliation by operation of law (Law 31)
- Article 1873 C.c.Q.: The effects of assigning a lease
- Article 1944 C.c.Q.: Ending a lease after a long sublet