Both landlord and tenant have to abide by a certain number of rules about access to the dwelling and visiting the premises (when the dwelling is for rent or because work needs to be done, for instance).
Discrimination when Renting a Dwelling
Information from the Commission des droits de la personne et des droits de la jeunesse
The Charter of Human Rights and Freedoms prohibits the owner of dwellings or a lessor to treat lessees differently on the basis of personal characteristics like race, religion, color, language or sexual orientation.
A person who believes they are a victim of discrimination or discriminatory harassment on grounds included in the Charter of Human Rights and Freedoms can file a complaint with the Commission des droits de la personne et des droits de la jeunesse .
For a period of 3 years starting June 6, 2024, a tenant cannot be evicted by a landlord who wishes to subdivide, expand or change the use of the dwelling. Some exceptions apply.
Tenants who consider that they have been illegally evicted during this suspension period, can contact the Tribunal administratif du logement to assert their rights.
Repossessing a Dwelling
Information from the Tribunal administratif du logement
Tenants may stay in their dwelling as long as they want if they respect all the conditions of their lease.
However, in certain situations, a landlord may repossess a dwelling. If they do, they must notify the tenant in writing within the required time frame.
Protection of seniors against repossession of dwelling and eviction
Households where at least one person is aged 65 and over can, in certain cases, benefit from protection preventing their landlord from repossessing the dwelling or evicting them. However, in certain situations this protection is not applicable.
Excessive Noise
Information from the Tribunal administratif du logement
A tenant has the right to peaceable enjoyment of the premises. If a tenant is disturbed by excessive noise caused by another tenant, they can first address the situation with the tenant causing the disturbance in order to amicably resolve the situation, while informing the landlord of the situation.
If the problem persists, the tenant can send a formal notice to the landlord including a specific deadline for them to act.
If the situation is not resolved by the deadline, the tenant can ask the Tribunal administratif du logement to assert their rights.
Filing an Application with the Tribunal administratif du logement
Information from the Tribunal administratif du logement
In the event of a dispute, lessors or lessees can exercise a recourse to assert their rights. Applications for this purpose must be submitted to the Tribunal administratif du logement (using the application forms provided). The other party must be notified of the application. The parties will then be summoned to a hearing.
The Tribunal administratif du logement offers a conciliation service that helps lessors and lessees find a solution to their disputes. However, filing an application with the Tribunal is a prerequisite to an application for conciliation.
Heating Problems
Information from the Tribunal administratif du logement
A lessor is required to ensure the proper functioning of the system that allows heating in any dwelling they are renting. If a lessor is responsible for the heating of a dwelling, they must ensure their lessee enjoys an adequate ambient temperature, whatever the time of year.
When a lessee experiences heating problems, they must be able to demonstrate the gravity of the situation to convince the lessor to correct it immediately. If the problem cannot be resolved amicably, the Tribunal administrative du logement should be contacted to find out about possible recourses.
Major Work
Information from the Tribunal administratif du logement
Before undertaking major work (e.g., renovating a bathroom or kitchen), the landlord must give the tenant of the dwelling a 10-day notice (or more than 10 days, depending on the circumstances).
When the work is completed, the tenant will pay the same rent for the duration of the lease. The landlord may not request an increase or change any other conditions of the lease except at the time of renewal.
New Owner
Information from the Tribunal administratif du logement
As soon as the sale of a residential rental building is finalized, the former or the new owner of the building must give each lessee written notice of the change of ownership.
Lease conditions remain the same despite the change of ownership and they must be respected in full.
Obligations of Joint Tenants
Information from the Tribunal administratif du logement
A joint tenant is a tenant who rents the same dwelling with one or more other tenants. Joint tenants who sign a lease have obligations towards each other and towards the lessor.
In principle, as soon as there is more than one tenant, each tenant has the obligation to pay their share of the rent. However, if the lease includes a clause stipulating solidarity, one of the joint tenants can be sued for the full rent
Paying the Rent
Information from the Tribunal administratif du logement
Paying the rent is a lessee’s principal obligation. A lessee who does not pay his or her rent in full on the agreed day is in default as of the next day. Under the law, if the parties do not make any particular arrangements regarding payment of the rent, it is up to the lessor or the lessor's mandatary to collect the rent at the lessee's home on the agreed date.
A lessee and a lessor can reach an agreement on various terms and conditions for paying the rent. It is in the interest of both of them to clearly specify them on the lease. However, certain practices are prohibited. The lessor, for instance, cannot demand postdated cheques or payment exceeding one month’s rent.
Pets
Information from Éducaloi
Landlords have the right to prohibit the presence of animals in a building. There are exceptions, however. For example, a landlord cannot prevent a tenant from having an animal that helps them cope with a disability. The lease or building rules generally mention whether it’s allowed or prohibited to have an animal in the lodging.