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

The following give rise to the same remedies as failure to perform an obligation under the lease: (1) failure on the part of the lessor or the lessee to comply with an obligation imposed by law with respect to the safety and sanitation of dwellings; (2) failure on the part of the lessor to comply with the minimum requirements fixed by law with respect to the maintenance, habitability, safety and sanitation of immovables comprising a dwelling.

Civil Code of Québec, art. 1912 C.c.Q.

What this article means

Article 1912 bridges public standards (municipal and provincial regulations on sanitation, safety, maintenance, and habitability) and the lease. It provides that a failure to meet these legal standards gives rise to the same remedies as a failure to perform an obligation under the lease itself. In other words, complying with sanitation and safety standards is part of the obligations whose breach can be sanctioned through the lease's remedies.

Two situations are covered. The first paragraph covers any failure by the lessor or the lessee to meet a legal obligation relating to the safety or sanitation of a dwelling. The second covers any failure by the lessor to meet the minimum requirements fixed by law as to the maintenance, habitability, safety, and sanitation of an immovable comprising a dwelling.

In practice, this article is often invoked in cases of mould, water infiltration, vermin, insufficient heating, or unsanitary conditions. It lets the tenant treat a breach of standards as a failure under the lease and exercise the corresponding remedies: repairs, rent reduction, damages, or even resiliation in serious cases, depending on the circumstances.

What it means for you

If you are a tenant

If your dwelling has sanitation or safety problems (mould, infiltration, vermin, insufficient heating) article 1912 lets you treat the breach of legal standards as a failure under the lease. You then have the usual remedies: requiring the fixes, seeking a rent reduction or damages, depending on the seriousness.

The first step is generally to notify the landlord in writing of the problem and ask them to remedy it within a reasonable time. Document the situation (photos, dates, communications) and keep proof that your request was received. This file will help if you have to apply to the TAL (Tribunal administratif du logement).

If you are a landlord

Article 1912 makes you responsible for meeting the minimum requirements of maintenance, habitability, safety, and sanitation fixed by law and regulations. A breach of these standards is treated as a failure under the lease and opens the corresponding remedies to the tenant.

When a tenant reports a sanitation or safety problem, act diligently and document your steps. Note too that the first paragraph also covers the tenant's own failures to meet their safety and sanitation obligations. Handling these situations promptly limits the worsening of damage and the remedies that could follow.

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