Article 1931 C.c.Q.: The landlord's access to the home

The lessor is bound, except in case of emergency, to give the lessee a prior notice of 24 hours of his intention to ascertain the condition of the dwelling, to carry out work in the dwelling or to have it visited by a prospective acquirer.

Civil Code of Québec, art. 1931 C.c.Q.

What this article means

Article 1931 places strict limits on the landlord's right to enter the home. The home is the tenant's residence, protected by the right to privacy. The landlord can only enter for legitimate reasons and after giving 24 hours' notice, except in a genuine emergency.

The recognized reasons for access are: to check the condition of the home, to carry out work or repairs, and to show it to a prospective buyer or future tenant. In every one of these cases, 24 hours' notice is mandatory, and access must happen at reasonable hours. Articles 1932 to 1935 spell out the rules for visits and conditions of access.

Only a genuine emergency (a water leak, a fire, an imminent danger) removes the need for notice. Even with proper notice, the landlord must respect reasonable hours: the tenant can refuse a visit before 9 a.m. or after 9 p.m., and work before 7 a.m. or after 7 p.m., except in an emergency (articles 1932 and 1933). Entering without notice or without consent is a breach of privacy and can amount to harassment (article 1902).

What it means for you

If you are a tenant

Your home is your residence. The landlord cannot enter without 24 hours' notice, except in a genuine emergency. You don't have to accept visits at just any hour: they must take place at reasonable hours. If the landlord enters without meeting these conditions, that's a breach of your privacy.

For visits by prospective buyers or future tenants, the landlord must get your agreement on the timing. You can't refuse every visit outright, but you can insist on reasonable time slots. If the landlord abuses the right to visit (visits too frequent or at inappropriate hours), it can amount to harassment under article 1902.

If you are a landlord

Always respect the 24 hours' notice and choose reasonable hours for visits. Notify the tenant in writing (notice given in person, slipped under the door, or by email if that's your usual way of communicating). State clearly why you're coming.

Coordinate the timing with the tenant. Limiting visits to reasonable windows (for example, no more than two hours a week) shows your good faith and reduces the risk of complaints. In a genuine emergency you can enter without notice, but document the nature of the emergency.

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 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