Main rules in effect
Dwellings for lease
Compared to commercial leasing, residential leasing is much more regulated. In residential leasing, the provisions of the Civil Code of Québec are of public order; the parties may not agree otherwise. In fact, even if the lessors and lessees were to agree to something different in writing, the Tribunal administratif du logement, which is the court with jurisdiction, would have no choice but to apply the law. This applies to the rules for visiting the dwelling for the purpose of leasing it to a new lessee.
Once the lessor receives written notice from the lessee that the lessee is not renewing or is terminating the lease, as the case may be, the dwelling may be advertised for lease.
It is also possible to have prospective lessees visit the dwelling. However, the lessor must obtain the lessee’s authorization before each visit. A simple verbal request is sufficient and there is no time limit specified in the law. However, visits must take place between 9 a.m. and 9 p.m. In addition, the lessee has the right to refuse a visit if the lessor or his representative is not present.1
► DUTIES AND OBLIGATIONS OF THE BROKER
Ask your lessor client to agree with the lessee on the terms of the visit, as you will need to have the lessee’s permission before entering the dwelling. Be sure to get permission, as a simple confirmation from the lessor does not mean that the lessee has given authorization.
Note also that it is possible to visit the dwelling in the lessee’s absence if the lessee has given authorization for this specific purpose.
It is not possible to ask a lessee who denigrates the unit in the presence of a prospective lessee to vacate the premises.
Although you may represent the lessor during a visit of the dwelling, you may not do so if you are representing the prospective lessee or buyer.
Multi-unit properties for sale
Visits of dwellings must always take place between 9 a.m. and 9 p.m. and each visit must be preceded by a 24-hour notice (verbal or written), failing which the lessee may refuse the visit. The lessee may also refuse the visit if the lessor or his representative cannot be present during the visit.
Finally, the lessee may not install a lock or other device restricting access to a dwelling without the lessor’s consent.2
CONDITIONS FOR VISITING HOURS — Carrying out work or visit the dwelling
To carry out WORK
- between 7 a.m. and 7 p.m.
The lessee may refuse access:
- outside of the above hours, unless there is an emergency;
- in the absence of a 24-hour verbal or written notice.
To ASCERTAIN THE CONDITION OF or VISIT the dwelling
- between 9 a.m. and 9 p.m.
The lessee may refuse access:
- outside of the above hours;
- if the lessor cannot be present;
- in the absence of a 24-hour verbal or written notice in case of sale of the immovable or to ascertain its condition.
1 Art. 1932 C.C.Q; Tribunal administratif du logement, Access to the dwelling and visiting rights. Referenced at https://www.tal.gouv.qc.ca/en/the-dwelling/access-to-the-dwelling-and-visiting-rights, accessed on September 27, 2022.
2 Art. 1934 C.C.Q.
