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“If the tenant does not open the door for me, I will break the lock and enter,”

“If the tenant does not open the door for me, I will break the lock and enter,”

“If the tenant does not open the door for me, I will break the lock and enter,” said a building inspector for the City of Montreal.

After contacting the appropriate departments of the City of Montreal, here are the answers we obtained in connection with the duties and powers of a municipal inspector.

Firstly, an inspector of the City of Montreal's task is to assess not only industrial and commercial buildings but also everything that relates to architecture and zoning. In addition, such an inspector also inspects new construction and alterations of buildings. Thus, he verifies that the municipal regulations be duly respected, particularly with regard to the tidiness and security of the building. Just like the Régie du bâtiment, an inspector of the City of Montreal does by no means need a warrant to conduct an inspection. Nevertheless, he notifies the tenant and the owner concerned of his coming visit.

On the day of the inspection, in case your tenant refuses entry to his dwelling, does the inspector have the right to break the lock? It turns out that in such a situation the inspector may agree to apply this method, and he will then be not only accompanied by the owner but also by a peace officer. As an owner you will have to answer afterwards for the payment of the replacement of your lock. In even tougher cases, where access is denied despite the broken lock, the last resort to inspect the housing would be to take legal proceedings.

Do not worry however. Situations where one goes indeed as far as breaking the lock are very rare. In the vast majority of cases the inspection proceeds without conflict and situations which go all the way up to the Courts are exceptional. Remember also that a notice is sent to you before the visit, and that, if you can not present yourself on a specific date for a legitimate reason, you can ask to delay your appointment somewhat without refusing it however.

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Québec Landlords Association

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