Article 1924 C.c.Q.: Payment of the relocation indemnity
The indemnity due to a lessee by reason of temporary vacation is payable on the date he vacates. If the indemnity proves inadequate, the lessee may be reimbursed for any reasonable expenses incurred beyond the amount of the indemnity. The lessee may also, depending on the circumstances, obtain a reduction of rent or resiliation of the lease.
Civil Code of Québec, art. 1924 C.c.Q.
What this article means
Article 1924 sets out how the temporary-relocation indemnity is paid when major work makes the dwelling temporarily uninhabitable. The indemnity must be paid on the very date of the relocation, not afterward. This rule protects the tenant from having to front the costs with no guarantee of reimbursement.
If the indemnity initially offered turns out to be insufficient to cover the tenant's actual expenses, the tenant can be reimbursed by the landlord on presentation of supporting documents: hotel bills, meal receipts, additional travel costs, storage fees. The landlord cannot simply offer a flat amount that leaves the tenant to cover the difference.
If there is a disagreement over the amount, the tenant can bring the matter to the TAL (Tribunal administratif du logement). The calculation must cover the entire actual duration of the relocation, not just the duration initially planned. If the work drags on, the indemnity also applies to the additional period.
What it means for you
If you are a tenant
Insist on being paid the indemnity on the very day of the relocation. Keep all your receipts while you are away: every extra expense caused by the work may be reimbursable. Keep a log of daily costs: meals eaten out, extra trips to work or school, laundry done elsewhere, and so on.
When you return, compile all your expenses and submit a request for the additional reimbursement to the landlord. If they refuse, the TAL (Tribunal administratif du logement) can order payment.
If you are a landlord
Have the indemnity ready before the day of the relocation: it must be handed to the tenant on that exact date. Offer a reasonable amount based on the real cost of equivalent lodging and related expenses. An offer that is too low will be topped up by the TAL (Tribunal administratif du logement) and will also cost you in legal fees.
Keep proof of payment and agree in writing on the terms of any additional indemnity if the costs exceed the initial offer. Clear communication avoids conflict during and after the work.