Article 1975 C.c.Q.: Termination for a tenant who leaves or abandons an unfit dwelling
The lease is resiliated by operation of law where a lessee abandons the dwelling without any reason, taking his movable effects with him; it may also be resiliated without further reason, where the dwelling is unfit for habitation and the lessee abandons it without notifying the lessor.
Civil Code of Québec, art. 1975 C.c.Q.
What this article means
Article 1975 deals with two particular situations: a tenant who vacates without reason, and a tenant who abandons a dwelling that is unfit for habitation. In the first case, when a tenant leaves the premises with their movable property and no reason, the lease is terminated by operation of law: no court proceeding is needed. The landlord can then take back the dwelling and re-rent it.
In the second case, when the dwelling becomes unfit for habitation (article 1913) and the tenant abandons it without notifying the landlord, the lease can be terminated. This rule encourages the tenant to notify the landlord before leaving an unfit dwelling (article 1915), so they preserve their remedies and give the landlord a chance to fix the situation.
Termination by operation of law for a tenant who vacates does not wipe out the landlord's remedies against that tenant: the landlord can still claim the rent owed, damage caused to the dwelling, and losses suffered until a new tenant is found.
What it means for you
If you are a tenant
Never leave your dwelling without formally terminating your lease or notifying your landlord, even if the dwelling is unfit for habitation. A silent departure exposes you to claims for unpaid rent and to losing your remedies against the landlord over the state of the dwelling.
If the dwelling is unfit and you have to leave, send the landlord written notice (article 1915) describing the situation. You will then be relieved of the rent for the period the dwelling is unfit, and you will keep your remedies for damages.
If you are a landlord
If a tenant vacates and disappears, document the situation: photos of the empty dwelling, statements from neighbours, unanswered correspondence. You can take back possession without a court proceeding, but keep your evidence in case the tenant later contests it.
If the tenant left belongings behind, check the rules on holding abandoned property: you cannot simply throw it out. You keep the right to claim the rent owed and any damages at the TAL (Tribunal administratif du logement).
Related articles
- Article 1972 C.c.Q.: Resiliation: Dwelling Unfit for Habitation
- 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 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