Repairs never done: your rights and remedies to get the work carried out

The landlord's repair obligations

In Quebec, the landlord has a legal obligation to deliver the dwelling in good condition and to keep it that way for the entire term of the lease. That obligation flows from articles 1854 and 1910 of the Civil Code of Québec (C.c.Q.). In other words, a landlord can't simply cash the rent and ignore problems that come up in the dwelling.

Article 1854 C.c.Q. warrants to the tenant that the leased property can be used for the purpose it was rented for. Article 1864 C.c.Q. specifies that the landlord must make all necessary repairs, except for the minor upkeep repairs that fall to the tenant. That includes work affecting the structure, plumbing, electricity, heating and anything that affects the habitability of the dwelling.

It's important to distinguish urgent repairs from non-urgent ones. An urgent repair involves a problem that endangers the occupants' health or safety, or that risks causing significant damage to the dwelling: for example, major water damage, a heating failure in winter or a dangerous electrical problem. For urgent repairs, the tenant can act without waiting for the landlord's authorization if the landlord can't be reached in time (art. 1868 C.c.Q.).

• Arts. 1854 and 1910 C.c.Q.: the obligation to deliver the dwelling in good condition and keep it habitable
• Urgent repairs: the tenant can act immediately if the landlord can't be reached
• Non-urgent repairs: the tenant must notify the landlord and allow a reasonable time
• Minor upkeep repairs (handles, light bulbs, seals): the tenant's responsibility
• Major repairs (plumbing, roof, structure, heating): the landlord's responsibility

Steps before the demand letter

Before sending a demand letter (mise en demeure), it's best to follow a step-by-step approach. The first step is to notify your landlord of the problem in writing. Even if you've already told them verbally, a written notice creates an essential paper trail. A simple email or letter describing the problem, where it is in the dwelling and the date you noticed it is enough.

At the same time, document the problem rigorously. Take photos and videos with the date visible. If the problem is damaging your belongings, photograph those too. Keep all correspondence with the landlord: emails, text messages, letters. If witnesses (neighbours, visitors) have seen the problem, note their contact information. This documentation will be valuable if you eventually need to file an application with the TAL (Tribunal administratif du logement).

Give your landlord a reasonable amount of time to make the repairs. That period varies with the urgency and nature of the work. For a non-urgent problem like a crack in a wall or a slightly leaking faucet, 10 to 30 days is generally considered reasonable. For a more serious problem like water infiltration or a failing heating system, a shorter deadline is warranted.

• Notify the landlord in writing (email, letter), describing the problem precisely
• Document with photos, videos and dates: keep all correspondence
• Allow a reasonable deadline based on severity (10 to 30 days for non-urgent cases)
• If the landlord doesn't react, move on to the demand letter

The demand letter for repairs

If your landlord doesn't act on your requests despite your written notices and the time you allowed, it's time to send a demand letter. This formal document shows you're serious and becomes a useful exhibit in your file if you later apply to the TAL: it shows you gave the landlord the chance to fix the situation.

The demand letter must clearly identify the repairs requested, restate the landlord's legal obligations, set a final deadline (usually 10 days) and state the remedies you intend to pursue if the landlord doesn't comply. You can send it by registered mail, by bailiff or by certified email conforming to the Act to establish a legal framework for information technology (LCCJTI).

Remedies at the TAL

If the landlord doesn't comply with the demand letter, you can file an application with the TAL (Tribunal administratif du logement). The TAL has several powers to remedy the situation and protect your rights as a tenant.

The tribunal can first issue a work order, requiring the landlord to make the repairs within a set deadline. If the problem affected your enjoyment of the dwelling, the TAL can also order a retroactive rent reduction for the period the dwelling wasn't in good condition. Damages can also be awarded if you suffered a loss: for example, temporary lodging costs or damage to your personal belongings.

In some cases, the TAL can even authorize you to have the work done yourself at the landlord's expense (art. 1867 C.c.Q.). That measure is especially useful when a landlord systematically refuses to act despite the tribunal's orders.

• Work order: the tribunal forces the landlord to make the repairs
• Rent reduction: retroactive compensation for the loss of enjoyment
• Damages: reimbursement of costs and losses suffered
• Authorization to have the work done at the landlord's expense (art. 1867 C.c.Q.)