IMPORTANT
The contents of this leaflet are for information purposes only and do not replace the legislation.
The staff at the Régie du logement can inform you of the recourse available to you for contesting a decision, the applicable procedure before the Régie and the deadlines involved. However, our staff cannot inform you of the procedures applicable before the other tribunals. If you need assistance, contact an attorney or notary.
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When a dwelling is up for rent or when a
residential building is for sale, both the
landlord and tenant concerned have to
abide by a certain number of rules about
visiting the premises. These rules are
logical and based on common sense and
the most elementary principles of
courtesy.
Even during the course of the lease, the
landlord may need to enter the tenant’s
dwelling. Rules provide for these
situations and determine the way for
these visits to be made in order to
maintain good relations between the
parties.
Dwelling for Rent
You are a landlord. Your tenant has given
you written notice that he will move out at
the end of the lease.
Or he has given you 2 months’ notice,
accompanied by an attestation from the
authorities concerned, indicating that he
is cancelling the lease for one of the
following motives specified by the law :
- he has been allocated a dwelling in a low-rental housing unit ;
- he can no longer occupy his dwelling because of a handicap ;
- in the case of an elderly person, if he is admitted permanently to residential and long-term care centre or
a private seniors' residence.
When and how can you arrange visits to
the dwelling now for rent ? As soon as
you have received your tenant’s notice,
you may post a sign “ for rent “ and you
have the right to visit the dwelling.
However, remember that you must obtain
permission from the tenant before
entering the premises. A verbal request is sufficient and no time limit is imposed by
law.
Visits must take place between 9 a.m.
and 9 p.m. and the tenant may demand
that you or your representative be
present. Otherwise, the tenant has the
right to refuse you access to the dwelling.
Some advice : as soon as the tenant
gives his notice of non-renewal, reach an
agreement with him on the conditions of
visit of the dwelling since you must obtain
permission before entering his home.
During the Course of the Lease
You may need to get in the tenant’s
dwelling during the course of the lease : it
is then compulsory to give a 24 hour
notice (verbal or written). You have the
right to verify the condition of the dwelling
but you must exercise your right with
judgment.
The same rule applies if you must
undertake repairs in the tenant’s dwelling.
(In the case of a condo the notice may be
given by the syndicate). Should the
repairs prove to be urgent and necessary
(e.g. a major plumbing leak or sparks in
the electric distribution panel), you may
have them done immediately without
having to notify the tenant.
Locks
Changing the locks or adding a device
restricting access to the dwelling can
cause grave prejudice to one of the
parties. Neither the landlord nor the
tenant have the right to change the locks
on the doors of the dwelling, or to add
other locks, without the consent of the other party, nor prevent access to the
dwelling in situations covered by the law.
For Sale
When you put up a building for sale, your
obligations are essentially the same as
those which apply to renting.
However, you must give the tenant a
24 hour notice (verbal or written) each
time you wish the dwelling to be visited by
a potential buyer. This is compulsory.
And the visits must take place between
9 a.m. and 9 p.m. On the other hand, the
tenant can demand that you or your
representative accompany the buyer
during the visit.
Except in cases of emergency, the visit of
the dwelling must take place between
9 a.m. and 9 p.m. Repairs must be done
between 7 a.m. and 7 p.m.
In Summary
The owner may inspect a dwelling or
have work done in it. He may sell the
building or put a dwelling up for rent if its
lease has not been renewed or has been
cancelled by the tenant for reasons
previously discussed. For this, he must
have access to it.
On his part, the tenant has the right to his
privacy. It is therefore in your mutual
interest to reach an agreement that is
satisfactory to both of you.
In cases of serious conflict or improper
conduct by either the tenant or the
landlord, the Régie has the power to
order access to the dwelling or impose
the conditions of access.
WEB SITE OF THE RÉGIE
http://www.rdl.gouv.qc.ca
HOW TO REACH US BY TELEPHONE
From Monday to Friday Between 8:30 a.m. and 4: 30 p.m.
Montréal, Laval and Longueuil areas :
514 873-BAIL (2245) *
Elsewhere in Quebec :
1 800 683-BAIL (2245) *
* An automated information service is available around the clock.
| Please have on hand all necessary documents before making your call. |
The Régie du logement is under the jurisdiction of the Minister of Municipal Affairs, Regions and Land Occupancy.
FI-010 (05-12) |