When renting a dwelling the owner is required to deliver a housing in good condition. It is the tenant’s responsibility to ensure to maintain the good condition and to make appropriate use of it.
Following some situations that occurred lately, it seemed necessary for us to recall that under Section 1855 of the Civil Code of Quebec: “The lessee is bound to pay the agreed rent and to use the property with prudence and diligence during the term of the lease.”
Also, in Section 1890: “Upon termination of the lease, the lessee is bound to surrender the property in the condition in which he received it, but he is not liable for changes resulting from aging or fair wear and tear of the property or superior force.
The condition of the property may be established by the description made or the photographs taken by the parties; if it is not so established, the lessee is presumed to have received the property in good condition at the beginning of the lease.”
If a tenant does not use the toilets, the sink or even the kitchen sink in the normal way and causes water damage, the latter will be held responsible for both the water damage but also for all that follows from it such as the intervention of the plumber, the landlord’s insurance deductible ...
For instance, an obstruction in the toilet of the housing resulting in an overflow of the latter and causing damage to the building. Whereas the presence of the obstruction results from your use of the toilet, the liability of the tenant is engaged in this regard and the owner is entitled to claim a full refund of the insurance deductible from the tenant.
Another case, a toilet became clogged, the flush was working but the water did not flow. The plumber found that the cause of this incident was the presence of pieces of wood in the toilet drain, which prevented the toilet from functioning well and drain the tank after use.
The fact of using the toilet for other than for hygienic purposes and to use it to dispose domestic refuse, objects or materials, constitutes an improper use of it, for which the liability of the tenant is still engaged.
And even if you are not the person who clogged the toilets, whether your children have played in the bathroom and clogged it with a ball, or whether your guests are responsible, as a tenant on the lease you will be held responsible for their actions.
So, remember that every thing should be used only for the intended use. If this is not the result of normal wear and tear or a diligent use of the leased property, you will be responsible for the consequences.