My dwelling is unsanitary or needs repairs: what are my options?

General information, not legal advice. The landlord must make sure the dwelling is in good condition for habitation throughout the lease and cannot rent a dwelling that is unfit for habitation, meaning one whose condition is a serious threat to the health or safety of the occupants. If you notice mould, vermin, rodents or excessive humidity, first notify the landlord, preferably in writing, and keep proof. If nothing happens, you can go to the Tribunal administratif du logement (TAL), which can, among other things, order work, reduce the rent, award damages or terminate the lease, and you can also report the problem to your municipality.

Key facts

Who must prove it

The person making the application must show that the dwelling is unfit for habitation; proof can notably be done with photos.

Quick hearing

With documentary evidence showing that the dwelling is clearly unfit (inspection report, evacuation notice, photos), a hearing within ten business days of filing the application.

Leaving an unfit dwelling

Notify the landlord of the dwelling's condition before leaving or within 10 days of leaving; otherwise rent remains due and the tenant is responsible for damages resulting from the lack of notice.

Urgent repair

Try to reach the landlord first; essential work only; reimbursement of reasonable expenses, with the possibility of withholding the amount from future rent.

Inspection in Montréal

Call 311 if the landlord does not act quickly (Montréal example; each municipality has its own rules and services).

Cost of the application

The pages read do not state the fees for an application to the TAL: see the TAL's official page.

Steps

1. Assess how serious the situation is. A dwelling unfit for habitation presents a serious threat to the health or safety of the occupants or the public. A dwelling in poor condition for habitation is not automatically considered unfit for habitation. Examples of unsanitary conditions given by the TAL: mould, vermin (cockroaches, bed bugs, ants), rodents, excessive humidity, stale air.
2. Gather evidence (photos, videos) and limit the damage as much as possible, for example by quickly soaking up water after a water leak. If your dwelling is the subject of a claim, the person making the claim must show that it is unfit for habitation, notably with photos.
3. Notify the landlord as soon as possible. It is better to do so in writing, for example with a formal notice (mise en demeure), and to keep proof of receipt. The TAL considers a period of 10 days reasonable in a formal notice.
4. For an urgent and necessary repair, if the landlord cannot be reached or does not react in due time, after doing everything you can to reach the landlord you may call on a qualified person to do the essential work, keeping costs down. If the landlord does not reimburse you, you can withhold the amounts spent from your future rent, even without the TAL's authorization. Keep the invoices.
5. If the landlord does not act, report the problem to your municipality. In Montréal, the City asks you to contact the landlord first; if the landlord does not act quickly, you can call 311 so that an inspection can be considered. The TAL notes that some cities have a by-law on the sanitation of dwellings, and that jurisdiction over unsanitary conditions is shared with municipalities and the Superior Court.
6. File an application with the TAL if the problem continues. You can ask to terminate the lease, for an order requiring the landlord to do work, a rent reduction or damages. For a dwelling that became unfit for habitation through the landlord's negligence, you can also ask for punitive damages (a measure that does not apply to applications filed before February 21, 2024). With documentary evidence showing that the dwelling is clearly unfit, the TAL summons the parties to a hearing within ten business days of the filing of the application.
7. If your dwelling has become unfit for habitation and you are thinking of leaving, notify the landlord of its condition before leaving or within 10 days of leaving. If you notified the landlord, the lease is not terminated and you are exempt from paying rent for the period during which the dwelling is unfit. Before leaving, you must be reasonably certain that the landlord will not solve the problem quickly. Check with the TAL before deciding.

General information drawn from official sources. It does not replace legal, medical or financial advice. For your situation, contact the organization concerned or a professional.