Skip to main content

Frustrating situations that occur on July 1st

Frustrating situations that occur on July 1st

When the tenant leaves, several problems can arise, such as a tenant refusing to leave, a tenant not returning or a ransacked apartment. But there are other really frustrating situations for a rental housing owner.

• The tenant left with what does not belong to him
Light bulbs, toilet seats, or even the floor covering, some tenants leave with items that belong to the owner. Whether it's a mistake or a deliberate action, the result will be the same: you must leave a dwelling in good and COMPLETE condition. And generally in the short term, the only possible choice is to replace these elements at your own expense.
According to the C.c.Q:
"Section 1854. The lessor is bound to deliver to the lessee the leased property in a good state of repair of all kinds and to provide him with the peaceful enjoyment of it during the whole term of the lease. He is also required to guarantee to the tenant that the property can be used for the purpose for which it is rented, and to maintain it for this purpose throughout the term of the lease."

“Section 1911. The landlord is required to deliver the unit in a clean state. The tenant is required to maintain the accommodation in the same condition. When the landlord carries out work on the dwelling, he must restore it to a good state of cleanliness."

Then, to claim, you will have to:
- Send a formal notice to the tenant;
- Purchase of a new item to honour your obligation to provide one;
- Claim the damage caused from the tenant at fault;
- Have recourse for damages with the Administrative Housing Tribunal (TAL).

• Who should do the cleaning?
According to the Civil Code of Québec (section 1890):
"1890. The tenant is required, at the end of the lease, to restore the property to the condition in which it was received, but he is not obliged to make changes resulting from dilapidation, normal wear and tear of the property or force majeure. The condition of the property may be ascertained by the description or photographs taken by the parties; in the absence of a finding, the tenant is presumed to have received the property in good condition at the beginning of the lease."

If the cleaning is not done, the landlord will have to do it for the new tenant, given his obligation to deliver the dwelling in a good state of cleanliness and repair (following sections 1854 and 1911 of the C.c.Q).

• Can he leave without paying his June rent?
And the answer is unfortunately, yes! But.... the tenant is obliged to pay his rent until the end of the lease. However, it could happen that he leaves without having paid all of his rent, these sums are then considered as damage:
- Sending a formal notice (Trace him if you do not have his new address);
- Opening a file with the Administrative Housing Tribunal (TAL) for damages.

Another option: while he is still living in the apartment, opening a file for the recovery of the rent and of the list of due items.

• The previous tenant left with the keys, what should I do?
The tenant is obliged to hand over the original keys as well as all duplicates in his possession. If he leaves with the keys, then you will have to change the locks. The costs incurred by this change are considered as damage (same procedure as above).

Caution: it is recommended in all cases to change the locks of your dwelling between two rentals for the safety of your tenants. The handing over of the keys is not a guarantee that no duplicate has been made in surplus.

The APQ wishes you a calm and uneventful moving season in 2024!

About the author

Québec Landlords Association

Join now

Not already member of the APQ ?

Take advantage of all our services by joining now

This site uses cookies in order to provide you with the best possible user experience. By continuing to browse this site, you agree to the use of cookies.