Tenant Insurance Series: The landlord’s obligations

Becoming the owner of an apartment building can be a smart way to acquire property. However, before investing in real estate, you should know that being a landlord does not only mean collecting rent once a month: owners of a “plex” have unavoidable obligations under the law.

To maintain the dwelling in good habitable condition
The landlord must give the keys to the premises to the tenant on the agreed date. The dwelling must be clean and in good habitable condition. Any repairs should be completed and all accessories included in the lease present (e.g. stove, fridge, etc.).
To give a peaceful enjoyment of the leased property
The owner of a rental building must ensure the peace and quiet of the place. The landlord cannot disturb the tranquility of a tenant and must ensure that this is observed also by other tenants. If a tenant cannot peacefully enjoy his accommodation, he must notify the landlord who will be responsible for taking action as necessary. In the event the landlord fails to fulfill his obligations, the tenant may call upon the Régie du logement.
To warrant that the property be used for the purpose for which it was leased and to maintain the property for that purpose throughout the term of the lease
The landlord has to enable the tenant to use the dwelling as agreed and to maintain it for this purpose throughout the duration of the lease.
To make all necessary repairs, except those that are assumed by the tenant
The landlord must make all urgent and necessary repairs, such as plumbing work, for example. Lesser maintenance repairs or minor repairs, such as filling in small holes, are assumed by the tenant.
Not to change the form or destination of the dwelling
From the moment a person becomes the owner of a residential rental property, they cannot change the destination of the property as they please. For instance, a duplex cannot be turned into a commercial building overnight.

To enter into a lease, the landlord is required to use the form issued by the Régie du logement. The law also allows for a verbal lease to be concluded: in that case, the landlord must give the tenant a form entitled Mandatory Writing within ten days of the agreement.