Can my landlord come into my apartment whenever he wants to?
No, you must receive a verbal or written notice at least 24 hours prior to the visit. If the reason for the visit is to show the apartment to a potential renter, the visit may occur between 9 am and 9 pm. If it is for a repair, the work may be performed between 7 am and 7 pm. However in case of an urgent repair (e.g. important water leakage or fire hazard) you must grant him access at any moment without prior notice.
Should the landlord require you to vacate the apartment for a short period to perform major renovations, he must give you proper notice:
- 10 (ten) days notice, for a vacancy that may not exceed one week
- 3 (three) months notice for a vacancy of one week or more.
Consult the Régie du logement website for details.
- Keep in mind that negotiations with your landlord are often the best way to resolve problems. However these should all be written communications. Be sure to keep a log of your calls, copies of all documents sent and use registered mail delivery so you will have sufficient proof to present to the Régie du Logement if you get to that.
- We strongly recommend you consult with the Régie du Logement in case of hesitation on your landlord’s part in addressing the problems. This government body regulates Landlord-Tenant relations. It has its own specialized tribunal that is mandated by the Government of Québec to make rulings on any aspect of the rental laws that define the lease rules, Lease transfers or the lease itself. All services are offered in both French and English.
If you can not reach your landlord, you are allowed to pay for emergency repairs and reimburse yourself by reducing your rent payment for the next month and presenting proof of payment.
- To register a complaint with the Régie du Logement, you must go to their offices with a copy of the letter you wish to send to your landlord. They will guide you through the process of opening a case. A $65 fee is payable when you fill the complaint, this amount will be reimbursed if you win in court against your landlord. You should be aware that you may wait an average of 8 months before your case is heard by the Judge. On the day of the court proceedings, bring all of the pertinent documents and proof to present to the Judge.
- If you feel the problems affect your personal safety (fire hazard, roaches, rats or important damage to the apartment such as a risky ceiling or broken windows) and if you are unable to reach your landlord or he fails to react within a reasonable time frame, you may contact the City of Montréal at 514-872-3181. In case of an Emergency, call 9-1-1 immediately.
Regroupement des Comités Logement et Associations de Locataires du Québec
2000 Saint-Joseph Blvd East,
Montréal, QC H2H 1E4
Mc Gill Legal Information Clinic
3480 McTavish University Centre, room B-16