Article 1923 C.c.Q.: Content of a notice of major work
The notice given to the lessee indicates the nature of the work, the date on which it is to begin and an estimate of its duration and, where required, the necessary period of vacancy; it also specifies the amount of the indemnity offered, where applicable, and any other conditions under which the work will be carried out, if they are of such a nature as to cause a substantial reduction of the enjoyment of the premises. The notice shall be given at least 10 days before the date on which the work is to begin or, if a period of vacation of more than one week is necessary, at least three months before that date.
Civil Code of Québec, art. 1923 C.c.Q.
What this article means
Article 1923 details the mandatory content of the notice of major work required by article 1922. The notice must include: the nature of the work, the start date, the estimated duration, the relocation period if one is needed, the amount of the indemnity offered, and any other condition likely to substantially reduce the enjoyment of the dwelling.
The notice must be sent at least 10 days before the work begins, or at least 3 months before if a temporary relocation of more than a week is planned. These deadlines let the tenant get organized and, if needed, contest the work before the TAL (Tribunal administratif du logement).
An incomplete or vague notice can be invalidated by the TAL. The landlord must provide enough information for the tenant to assess how the work will affect their enjoyment of the dwelling and decide whether to contest it, accept the proposed conditions, or ask to negotiate.
What it means for you
If you are a tenant
Check each element of the notice carefully. If any required element is missing or too vague, the notice can be contested. Pay particular attention to the estimated duration: if the work drags on well beyond that duration without a valid reason, you can claim additional damages.
If a temporary relocation is planned, examine the indemnity offered: does it really cover your actual expenses (lodging, meals, extra travel)? Do not accept an insufficient offer. You can contest the amount before the TAL (Tribunal administratif du logement).
If you are a landlord
Draft a precise, complete notice. Hire an estimator or a contractor to get a realistic duration, and do not understate the duration to win the tenant's favour: a significant overrun can expose you to damages. Detail every condition likely to affect enjoyment: noise, dust, temporary service interruptions.
Calculate the relocation indemnity realistically: equivalent lodging, extra meals, travel, temporary storage. An insufficient offer will be contested and will delay your work.