Article 1911 C.c.Q.: The duty to keep the home clean

The lessor is bound to deliver the dwelling in clean condition and the lessee is bound to keep it so. Where the lessor carries out work in the dwelling, he shall restore it to clean condition.

Civil Code of Québec, art. 1911 C.c.Q.

What this article means

Article 1911 splits the duty of cleanliness between landlord and tenant with a simple rule: the landlord must deliver a clean home at the start of the lease, and the tenant must keep it in that state for the whole term. This runs parallel to the duty of habitability (article 1910): a home can be habitable without being clean, or clean without being habitable.

For the landlord, delivering a home "in a good state of cleanliness" means a thorough clean between tenants: floors, walls, windows, appliances, bathrooms, closets. A home that is visibly dirty at handover is a breach that can justify a demand letter (mise en demeure) and, if it persists, a claim for damages before the TAL (Tribunal administratif du logement). It's also why move-in photos of the home's condition matter so much.

For the tenant, keeping the home in the same state means ordinary day-to-day upkeep: regular cleaning, taking out the garbage, preventing the buildup of dirt or mould through lack of ventilation. The tenant isn't held to a professional standard, but must act like a reasonable person. A serious breach of this duty can, in extreme cases, justify a landlord's application to cancel the lease (article 1863).

What it means for you

If you are a tenant

At move-in, inspect the home carefully and take photos. If it isn't clean, report it to the landlord in writing within the following days, describing the problems precisely. This is your best protection against a later claim about the home's condition when you leave.

During the lease, keep up regular upkeep: cleaning, ventilation, garbage. You aren't held to a spotless standard, but your habits should be those of a normal occupant. If a friend or family member is usually messy, your lease can't be threatened over it as long as the home stays within acceptable norms.

If you are a landlord

Plan for a thorough clean between tenants. It's a required cost, not an optional one. Bring in a professional service if needed, and keep the invoice as proof. Document the state of cleanliness at handover (photos, videos, the tenant's signature) so you can show you complied if there's a later dispute.

If a tenant leaves the home in a seriously abnormal state (garbage, damage, infestations caused by neglect), you can claim the cost of restoring it. But be careful: the cost must match real harm, not a "renovation" disguised at the tenant's expense. Keep the invoices and photos.

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 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 1912 C.c.Q.: Failures to Meet Safety and Sanitation Standards