Advantages Condo

The owner is required to issue to the tenant the leased property in good condition of repair of everything and to provide him with the peaceful enjoyment throughout the duration of the lease under the Law.

In case of fire, damage or seepage of water, plumbing problems, we must act quickly, the tenant as well as the landlord.

On the other hand, the tenant’s obligation resides in the fact of mentioning any problem to the owner so that the latter can resolve the situation as quickly as possible. One must act with diligence in order to limit the damage. Yes, the longer one waits, the worse the damage will generally be, but for a tenant to limit his liability he must act quickly.

In fact, the law provides that: “A lessee who becomes aware of a serious defect or deterioration of the leased property is bound to inform the lessor within a reasonable time.” (Section 1866 of the Civil Code of Quebec).

According to the judgments in the matter, it is from the time that the owner is notified of a problem that he must act promptly and diligently to stop it. The tenant may not require that the corrective intervention goes back to before the earlier denunciation, which usually marks the starting point of the compensation¹.

Indeed, the owner must be informed to make the necessary corrections. How can one impose a penalty if he ignores the reproach of the tenant?

The tenant must also demonstrate that he has tried to minimize the damage or that he has taken steps to limit the damage.

Be aware that the owner may then enter the premises in the absence of the tenant in case of emergency.

Moreover, to not notify the landlord of a situation may increase the damage. The tenant may be considered liable for damages caused by his inaction due to non-compliance with his obligation of disclosure.

1. Beauvais vs. Habitations communautaires Socam I (2011) paragraph 212.
2. Paragraph 21.