Landlord obligations and the TAL: a practical guide

In Quebec, a landlord must deliver a unit fit for habitation, keep it that way for the whole lease, make the necessary repairs and ensure the tenant's peaceful enjoyment of the premises. In return, the landlord is entitled to the rent on the agreed date and to reasonable access to the unit, with 24 hours' notice. When a disagreement persists, the Tribunal administratif du logement (TAL) decides.

This guide brings together the rules landlords apply most often (repairs, heating, access, unpaid rent) and explains how an application to the TAL works, with the actual wait times published in its 2024–2025 annual report.

Repairs and habitability

Under the Civil Code of Québec, the landlord must:

• deliver the unit in good repair, fit for habitation and clean (arts. 1854, 1910, 1911);
• keep it fit for habitation for the whole lease. A clause in which the tenant "acknowledges" that the unit is habitable has no effect;
• make all necessary repairs, except minor maintenance, which falls to the tenant unless it results from wear and age or superior force (art. 1864);
• comply with safety and sanitation laws (art. 1912);
• not change the form or use of the unit (art. 1856).

A unit that poses a serious threat to health or safety is unfit for habitation; it may not be rented or delivered (art. 1913). Since Bill 31, the TAL may award punitive damages when a unit became unfit for habitation through the landlord's negligence. In Montréal, a municipal by-law on the sanitation and maintenance of dwellings also applies, and the borough can do the work at the owner's expense.

Urgent repairs made by the tenant

If the landlord cannot be reached, the tenant may carry out urgent and necessary repairs (a major leak, heating failure in winter, a blocked sewer, a broken lock) and deduct the reasonable cost from the rent, without a court order (art. 1868). An emergency line that actually answers therefore protects the landlord too.

Heating

No legal date requires the heat to be turned on, but the TAL notes that a temperature of about 21 °C is generally recognized in winter. During a breakdown, even 24 hours can be too long: provide space heaters or, if needed, rehouse the tenant.

Major work during the lease

The notice gives the nature of the work, the start date, the expected length and the conditions, plus the evacuation period and the compensation offered, if any. The tenant has 10 days to answer; silence counts as refusing the evacuation, and the landlord then has 10 days to apply to the TAL. Work is done between 7 a.m. and 7 p.m. Rent cannot be raised during the lease because of the work, only at renewal.

Access to the unit

• 24 hours' notice, verbal or written, to check the unit's condition, do work or show it to a buyer, except in an emergency (art. 1931).
• Visits between 9 a.m. and 9 p.m.; the tenant may refuse if the landlord or their representative cannot be present (art. 1932).
• Once the tenant has given notice of leaving, the landlord may advertise the unit and show it, within the same hours.
• No changing the locks without the other party's agreement.
• The landlord's rights must be exercised reasonably; harassment is prohibited and can lead to punitive damages (art. 1902).

The TAL sets out these rules on its page on access to the dwelling and visiting rights.

Unpaid rent

Rent is payable in full on the agreed day. From the next day, the tenant is in default and the landlord may claim the rent, interest and costs.

• More than 3 weeks late: the landlord may ask for termination of the lease and eviction (art. 1971). The tenant can still avoid it by paying the rent, interest and costs before judgment.
• Frequent late payment: termination is possible if the landlord proves serious prejudice.
• The landlord does not have to accept partial payment. After an eviction, the landlord must re-rent promptly to limit the loss.

The application is made on the unpaid-rent application form, at a cost of $92. It must be stamped by the TAL before being served on the tenant. In 2024–2025, the TAL received 42,934 applications of this type.

How a TAL application works

An application is filed online, in person or by mail, then served on the other party (by bailiff or registered mail). Files and hearings are public. Each application is placed in a category that determines the wait.

Once the application is filed, the parties can use conciliation, which is free, voluntary and confidential. After the hearing, the decision must be rendered within 3 months of being taken under advisement. An eviction is carried out by a bailiff. The TAL can be reached at 514 873-2245 (Montréal, Laval, Longueuil) and 1 800 683-2245 elsewhere in Quebec.

Repossession and eviction: the most misunderstood rules

• Repossession: to house the owner, their parents or children, or another relative they mainly support. Notice 6 months before the lease ends. Since Bill 31, the tenant's silence counts as a refusal: the landlord must then apply to the TAL within a month and prove the repossession is genuine.
• Protected senior tenants: no repossession or eviction if the tenant (or their spouse) is 65 or older, has lived in the unit for 10 years or more and has an income at or below the set threshold, with some exceptions.
• Eviction for subdivision, enlargement or change of use: a law of 6 June 2024 suspended these for 3 years, so until 6 June 2027 at the latest, with a possible earlier end tied to the province-wide vacancy rate. Check the current situation with the TAL before taking any step.

What we take care of

Following up repair requests, contractors and maintenance, a 24/7 emergency line, rent collection and, when needed, preparing TAL files: that is the daily work of our full management.

Would you like to hand these obligations to a team that knows them? Location Ajax manages condos, plexes, rental buildings and commercial space across Greater Montréal. Write to us through the contact form: a 30-minute consultation and a written quote, both free.

This article provides general information as of 25 September 2026. It is not legal advice. For a specific situation, check with the Tribunal administratif du logement or a lawyer.

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