Tenants Rights To Peaceable Enjoyment in Quebec

How and When a Landlord is Allowed Access to the Property

Oct 5, 2009

Under Quebec law, a tenant has the right to be left in peace at the rented property, but what does this actually mean if a landlord wants to access the tenant's home?

The law is very clear in Quebec regarding property leases, which are governed and overseen by the Régie du Logement, commonly referred to as "the Régie". There are key issues both tenants and landlords need to be aware of such as the lease itself (What Are A Tenant's Rights in Quebec?) and payment of the rent (Tenants Rights When Paying the Rent).

There will be times when a landlord will want to access the property, however it is also the right of the tenant to "peaceable enjoyment", as stated in the legislation, so it is also important to know where the law stands in relation to this.

Can a Landlord Access the Property Without Asking?A landlord must provide – either verbally or in writing – notice to the tenant that they wish to access the property, and this must be at least 24 hours. If the landlord needs to undertake repairs which could be considered urgent, this 24 hour period is waived but the landlord would be wise to exercise careful judgement with regards to this.

Access to property includes the land belonging to the property and the right to access to this, unless by prior arrangement (for example if there is a lawncare agreement), is the same. For repairs, access must only be between 7am and 7pm unless classed as an emergency repair.

Can a Landlord Frequently Access the Property, Even With 24 Hours Notice Each Time?

The law is very clear regarding a tenant's rights to be left undisturbed by the landlord so if the landlord is visiting the property frequently, or doing so without providing notice, the tenant can provide a written request to the landlord to allow them peaceable enjoyment.

If a landlord fails to comply with this or refuses to accept the request, the tenant can then apply to the Regie to enforce the request.

Can a Tenant Refuse the Landlord Access?

If the request is unreasonable or inconvenient, the tenant can refuse access to the landlord. However, if the landlord feels the refusals are inappropriate or unacceptable, they can apply to the Regie to impose access.

What If The Property is Being Rented or Sold?Access to the property if being advertised for rent must take place between 9am and 9pm and notice must be given. The tenant can demand that either the landlord or the landlord's representative be present.

What About Changing The Locks?

This is not allowed either by the landlord or the tenant unless agreed by both parties. The same is true of fitting additional locks.

The copyright of the article Tenants Rights To Peaceable Enjoyment in Quebec in Home Management is owned by Jane Lapon. Permission to republish Tenants Rights To Peaceable Enjoyment in Quebec in print or online must be granted by the author in writing.