Article 2925 C.c.Q.: The three-year prescription period for claims

An action to enforce a personal right or movable real right is prescribed by three years, if the prescriptive period is not otherwise determined.

Civil Code of Québec, art. 2925 C.c.Q.

What this article means

Article 2925 sets the general prescription (limitation) period that applies to most housing-related claims. Three years is how long a party has to start a court action, counting from the moment they could have known about their right. Once that period passes, the claim is prescribed and the TAL (Tribunal administratif du logement) must dismiss it, even if the claim would have succeeded on the merits.

In housing matters, this three-year prescription (limitation) period applies to claims such as: unpaid rent, damage to the dwelling, a retroactive rent reduction, damages for disturbed enjoyment, claims for a bad-faith repossession (article 1968), and most other claims for damages. Some specific remedies (like contesting a rent increase) have shorter deadlines set out in their own articles.

The clock starts on the day the right arose or, for obligations performed over time, from each due date. For unpaid rent, each month is a separate debt with its own three-year period. For damage to the dwelling, the clock starts on the day the landlord could reasonably have discovered it.

What it means for you

If you are a tenant

If your landlord has failed to meet their obligations (neglected maintenance, disturbed enjoyment, harassment), do not let your claim drag on. Three years can feel like a long time, but it goes by fast and evidence fades. File your application at the TAL (Tribunal administratif du logement) within a reasonable time.

For damages tied to a bad-faith repossession, the three-year period generally starts from the moment you discover the repossession was not genuine (for example, when you see the dwelling put back up for rent). Keep all your evidence: screenshots, photos, and witness accounts.

If you are a landlord

Act quickly to claim unpaid rent or damages. Every month of delay weakens your evidence and makes it harder to track down a former tenant. For damage discovered at the end of the lease, the three-year period starts running right away.

If a tenant makes a claim against you for something that happened more than three years ago, you can raise prescription as a defence: unless you acknowledged the debt or the period was suspended for some other reason.

Related articles

• Article 1973 C.c.Q.: Resiliation by the Court: Grace Period or Immediate Resiliation
• Article 1971 C.c.Q.: Lease termination for late rent payment
• Article 1883 C.c.Q.: Paying before judgment to avoid lease termination
• Article 1855 C.c.Q.: The tenant's core obligations
• Article 1594 C.c.Q.: Putting the other party in default