Article 1972 C.c.Q.: Resiliation: Dwelling Unfit for Habitation

The lessor or the lessee may apply for the resiliation of the lease if the dwelling becomes unfit for habitation.

Civil Code of Québec, art. 1972 C.c.Q.

What this article means

Article 1972 opens the door to resiliating the lease when the dwelling becomes unfit for habitation. The remedy belongs to both parties: the tenant and the landlord alike may apply to the Tribunal administratif du logement to have the lease resiliated.

What counts as a dwelling unfit for habitation is defined in article 1913: a dwelling whose condition is a serious danger to the health or safety of its occupants or the public, or one declared so by the tribunal or a competent authority. Widespread mould, contamination, a dangerous structure or serious unsanitary conditions can establish it.

Resiliation under this article goes through an application to the tribunal: it is not automatic. Proof of the dwelling's condition (inspection reports, photos, a municipal notice) and proof of the steps taken (notices, a demand letter with proof of receipt) form the heart of the file.

What it means for you

If you are a tenant

If your dwelling becomes unfit for habitation and the landlord does not fix the situation, article 1972 lets you apply to the Tribunal administratif du logement for resiliation of the lease. Build your file before filing: dated photos, an inspection report or municipal notice, written exchanges and a demand letter that went unanswered.

Resiliation is the last-resort option: if you want to stay, the tribunal can instead order the work or grant a rent reduction. Choose the remedy that matches what you actually want.

If you are a landlord

Article 1972 can also serve the landlord: when a dwelling becomes unfit for habitation (a disaster, contamination, a compromised structure) and cannot be occupied, resiliation of the lease can be requested from the tribunal. Document the dwelling's condition with expert reports.

Be careful, though: if the dwelling's condition results from a lack of maintenance, applying for resiliation does not shield you from the tenant's remedies based on your habitability obligations (articles 1854 and 1910). The best position remains diligent, documented maintenance.

Related articles

• Article 1974 C.c.Q.: Lease termination: disability, low-rental housing, or admission to a CHSLD
• Article 1974.1 C.c.Q.: Lease termination: sexual violence, spousal violence, or violence towards a child
• Article 1975 C.c.Q.: Termination for a tenant who leaves or abandons an unfit dwelling
• Article 1976 C.c.Q.: Termination of a lease accessory to an employment contract
• Article 1863 C.c.Q.: Lease termination for non-performance of obligations
• Article 1936 C.c.Q.: The right to remain in the dwelling