Access to the leased property
Both the Charter of Human Rights and Freedoms and the Civil Code of Québec guarantees the right of every person to the respect of their private life. A landlord cannot, without proper authorization from the tenant and adequate notice, enter the leased premises.
A landlord has the right to ascertain the condition of the leased property, to carry out work thereon and, in the case of an immovable, to have it visited by a prospective tenant or acquirer. However, the right to visit and/or access the leased premises must be exercised in a reasonable manner.
For visits by a potential tenant, the landlord must give a 24-hour verbal notice and obtain the consent of the tenant currently living in the unit before undertaking a visit. The visits must be made between 9:00 a.m. and 9:00 p.m.
For repairs, a landlord must give the tenant a 24-hour verbal notice and undertake the repairs between 7:00 am and 7:00 pm.
In exceptional and urgent circumstances, the landlord may access the dwelling to ascertain the condition and attempt to remedy it.
A tenant cannot refuse access to the dwelling and does not have a right to be present during those visits. However, he may elect to have someone present other than him during the visit or repairs. In addition, the landlord must exercise his rights in a reasonable fashion, while respecting the tenant’s right to privacy and peaceable enjoyment of the leased property as well as the inviolability of one’s home.
Abusive visits by a landlord may be considered as a form of harassment which may open the door for the resiliation of the lease, a reduction in the price of rent in addition to the recovery of any damages which results from the harassment.
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The above noted text should not be construed as providing legal advice or a statement of your claim. The process highlighted above are merely parameters and barometers and do not constitute any warranties and guaranties with regards to your file at hand. We strongly recommend that you seek legal advice with a licensed attorney from the Barreau du Quebec or a notary at the Chambre des Notaires. Each case must be seen and analysed on its merits as the legal process may be complex and cumbersome.