Article 1922 C.c.Q.: Notice of major work
No major improvements or major repairs, other than urgent repairs, may be made in a dwelling without prior notice from the lessor to the lessee and, if it is necessary for the lessee to vacate temporarily, until the lessor has offered him an indemnity equal to the reasonable expenses he will have to incur by reason of the vacation.
Civil Code of Québec, art. 1922 C.c.Q.
What this article means
Article 1922 requires the landlord to notify the tenant before undertaking major work in the dwelling. The notice must be in writing and state the nature of the work, the start date, and the estimated duration. If a temporary relocation is planned, the notice must also mention the relocation period and the indemnity offered to cover the tenant's reasonable expenses.
The distinction between major and minor work matters. Major work is work that significantly affects the enjoyment of the dwelling: redoing the plumbing or electrical system, replacing windows, renovating the kitchen or bathroom, structural work, installing a new heating system. Minor routine-maintenance work (replacing a faucet, fixing a handle) does not require this formal notice.
Article 1923 sets out the detailed content of the notice and the minimum deadlines: 10 days for work without relocation, and 3 months if the relocation lasts more than a week. The tenant can contest the work before the TAL (Tribunal administratif du logement) if they feel it is not justified or that the proposed conditions are unreasonable.
What it means for you
If you are a tenant
When you receive a notice of major work, check that it is compliant: sent within the deadlines (at least 10 days, or 3 months if the relocation lasts more than a week), complete in content, with an indemnity offered if you have to vacate temporarily. If the work seems excessive or aimed at pushing you out, you can contest it before the TAL (Tribunal administratif du logement).
If the work reduces your enjoyment of the dwelling (noise, dust, limited access to certain rooms), you are entitled to a proportional rent reduction (article 1924). If the work makes the dwelling uninhabitable, the landlord must provide you with temporary housing and cover the related costs.
If you are a landlord
Plan your work and send the notice within the required deadlines. Be precise in describing the work and realistic in estimating the duration. A vague or incomplete notice can be contested and delay your work.
Communicate with the tenant to coordinate the work in a way that minimizes the disruption. A tenant who is kept informed and treated with respect will be more cooperative. Anticipate the associated costs: a rent reduction during the work, temporary housing if needed, and potential indemnities.