Mould and unfit housing: your rights and remedies to get it fixed

What counts as an unfit dwelling in Quebec?

In Quebec, a dwelling is considered unfit when it has conditions that pose a risk to the health or safety of its occupants. Articles 1910 and 1911 of the Civil Code of Québec require the landlord to deliver a dwelling in a good state of habitability and to keep it in that state for the entire term of the lease.

This obligation covers a wide range of situations: the landlord must ensure the dwelling is free of anything that could harm the occupants' health. That includes the structure of the building, the plumbing and heating systems, ventilation, weatherproofing and the general cleanliness of the premises.

The most common unfitness problems in Quebec include mould on walls, ceilings or around windows, pest infestations (mice, rats, bedbugs, cockroaches), inadequate heating in winter, plumbing failures causing water infiltration, and ventilation problems that let humidity build up.

• Mould: walls, ceilings, window frames, basement.
• Pests: mice, rats, cockroaches, bedbugs.
• Heating: a system that fails or can't maintain an adequate winter temperature (several municipalities, including Montreal, require 21 °C).
• Plumbing: leaks, water infiltration, drainage problems.
• Ventilation: excess humidity, no adequate ventilation.

Documenting the unfitness problems

Documentation is your most powerful tool for asserting your rights. Take timestamped photos of every problem you notice: mould, water damage, pests, the condition of failing installations. The photos should clearly show the extent of the problem and be dated to demonstrate how the situation has progressed or persisted.

Call on your municipality's inspection services. Most Quebec cities offer a housing inspection service that can officially document unfitness problems. You can also contact your regional CIUSSS to get an assessment of the health risks. These official reports are very convincing evidence before the TAL (Tribunal administratif du logement).

If the situation poses an immediate risk to your health, report it to your municipality, which can issue a notice of non-compliance to the landlord. Some municipalities have the power to order corrective work with strict deadlines and fines for non-compliance.

Keep a detailed written record of all your communications with the landlord about the problems. Note every call, every email, every visit. If you reported the problems verbally, confirm them in writing afterward. This record will show that you informed the landlord and gave them the chance to act.

• Take timestamped photos showing the extent of the problems.
• Request a municipal inspection to get an official report.
• Contact the CIUSSS for an assessment of the health risks.
• Report the situation to the city if the risk is immediate.
• Keep a written record of all your communications with the landlord.

Sending a demand letter for unfitness

The demand letter (mise en demeure) is the formal step that puts your landlord on notice to fix the unfitness problems within a reasonable time. It must describe the problems precisely (nature, location, severity), remind the landlord of their obligations under articles 1910 and 1911 of the Civil Code of Québec, and set a deadline to make the corrections.

The time given must be reasonable given the nature of the work to be done. For urgent problems like a heating failure in winter, 24 to 48 hours may be appropriate. For larger work like mould remediation, 10 to 30 days is generally considered reasonable.

Attach the evidence you've gathered to your demand letter: photos, inspection reports, the record of communications. Send everything by registered mail or by certified email to keep proof of receipt. This demand letter will be a key piece of your file if you need to take the matter to the TAL.

Your remedies at the TAL for an unfit dwelling

If your landlord doesn't fix the problems within the time given, you can file an application with the TAL (Tribunal administratif du logement). Several remedies are available depending on how serious the situation is, and they can be combined in a single application.

You can ask for an order to carry out work, requiring the landlord to make the necessary repairs within a deadline set by the tribunal. You can also ask for a retroactive rent reduction for the period during which you lived in an unfit dwelling. The amount, if granted, is set by the tribunal case by case, based on how serious and long-lasting the problems were.

Damages can also be claimed to compensate for the inconvenience suffered: loss of enjoyment, medical costs tied to health problems caused by the unfitness, cleaning costs or the cost of replacing damaged property. In the most serious cases, when the dwelling has become uninhabitable, you can ask to terminate the lease without penalty.

• An order to carry out work within a deadline set by the tribunal.
• A retroactive rent reduction, set by the tribunal based on the severity and duration of the problems.
• Damages for loss of enjoyment and related costs.
• Termination of the lease without penalty if the dwelling is uninhabitable.

Helpful resources

Several organizations can help you through the process of dealing with an unfit dwelling. Local housing committees (comités logement) offer free information, advice and support to tenants. They can help you understand your rights, prepare your documents and support you through the process, including ahead of a TAL hearing.

Your municipality's inspection service can visit your dwelling and issue an official report documenting the problems. This report is solid evidence before the tribunal. In Montreal, the inspection service can be reached through 311. Other municipalities offer similar services through their urban planning department.

Your regional public health department can step in when the unfit conditions pose a health risk. It can carry out environmental assessments (air quality, presence of toxic mould) and issue recommendations that will support your file. Contact your local CIUSSS to be directed to the right service.

• Local housing committees: free information, advice and support.
• Municipal inspection: an official report on the problems (311 in Montreal).
• Public health department: assessment of health risks through the CIUSSS.
• TAL (Tribunal administratif du logement): file an application online or in person.