Article 1913 C.c.Q.: A home unfit for habitation

The lessor may not offer for rent or deliver a dwelling that is unfit for habitation. A dwelling is unfit for habitation if it is in such a condition as to be a serious danger to the health or safety of its occupants or the public, or if it has been declared so by the court or by a competent authority.

Civil Code of Québec, art. 1913 C.c.Q.

What this article means

Article 1913 forbids a landlord from offering for rent or delivering a home that is unfit for habitation. A home is unfit when its condition is a serious threat to the health or safety of the occupants or the public, or when it has been declared unfit by a court or by a competent municipal authority.

Situations that can make a home unfit include: no heat during winter, a major vermin infestation, toxic mould contamination, serious structural problems, no running water, a dangerous electrical system, or contamination by harmful substances. It is assessed case by case, depending on how serious the problem is.

When a home becomes unfit during the lease, the tenant has several options: abandon the home after notifying the landlord (article 1915), ask for the lease to be cancelled (article 1975), or ask for an order to carry out corrective work plus a rent reduction. A landlord who offers or keeps a home unfit for habitation faces severe consequences.

What it means for you

If you are a tenant

If your home is a serious threat to your health or safety, you can leave it after notifying your landlord. Before you act, document the condition of the home: photos, videos, municipal inspection reports, and medical reports if your health is affected. Contact your municipal permits and inspections office to request an inspection: their report is strong evidence before the TAL (Tribunal administratif du logement).

You can also ask the TAL for an order to carry out corrective work, a retroactive rent reduction, and damages. Recourse under article 1913 can be combined with other claims.

If you are a landlord

Having a home declared "unfit for habitation" carries serious consequences: the tenant can leave without notice, the lease can be cancelled, and you can be ordered to pay significant damages. Take any report of a health or safety problem seriously.

Have your units inspected regularly and fix deficiencies quickly. If a municipality issues a notice of infraction for unsanitary conditions, comply within the required deadline. Ignoring a known problem is a fault that increases your civil liability.

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