Article 1902 C.c.Q.: Harassment in housing

Neither the lessor nor any other person may harass a lessee in such a manner as to limit his right to peaceable enjoyment of the premises or to induce him to leave the dwelling. A lessee who suffers harassment may demand that the lessor or any other person who has harassed him be condemned to pay punitive damages.

Civil Code of Québec, art. 1902 C.c.Q.

What this article means

Article 1902 explicitly forbids harassment in housing. It targets in particular a landlord's conduct (or that of their representatives) aimed at pushing a tenant to leave their home or give up their rights. This is a protection of public order that cannot be set aside by the lease.

Housing harassment can take many forms: repeated visits without notice, verbal or written threats, cutting off services (heat, hot water), deliberate neglect of upkeep, refusing to make repairs, needless or excessively noisy work, intimidation, high-pressure attempts to negotiate a departure, or sending abusive demand letters.

The TAL (Tribunal administratif du logement) can award punitive damages in a harassment case, on top of compensatory damages. These amounts can be substantial, because the legislator wanted to firmly deter this kind of conduct.

What it means for you

If you are a tenant

If you're being harassed by your landlord, document every incident: keep the text messages, emails, and letters; note the dates, times, and details of each problematic interaction; and identify witnesses if you can. File an application with the TAL (Tribunal administratif du logement).

You can obtain compensatory damages (for the stress, anxiety, and inconvenience) and punitive damages. Contact a tenants' rights group in your area for help with the process. Never agree to sign a move-out agreement under pressure.

If you are a landlord

Harassment is a serious violation that can lead to significant punitive damages. Make sure all your communications with tenants are professional and documented. Respect the notice periods for visits and work.

If you want to take back a home or not renew a lease, follow the legal procedures set out in the Civil Code of Québec. Trying to push a tenant out through underhanded means is not only illegal but far more costly in the long run than following the proper steps.

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 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