Unfit housing : tenant remedies

Published on March 11, 2026

Unfit housing can compromise the health and safety of occupants. Thus, Quebec law provides several remedies for tenants. However, it is important to act quickly and document the situation. Our firm can analyze your file and guide you in protecting your rights

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In Quebec, the law distinguishes several levels of housing deterioration. Thus, a dwelling may simply be in poor condition. However, in more serious cases, it may become unfit housing or even uninhabitable.

Consequently, it is important to understand the remedies available. Indeed, the presence of unfit housing can lead to significant legal consequences.

The notion of unfit housing and uninhabitable housing

First, the notion of unfit housing refers to several problematic situations within a dwelling. Thus, certain problems may render a dwelling unfit.

For example, one may find :

  • The presence of mold or fungi;
  • An infestation of vermin and pests (cockroaches, bedbugs, ants, etc.);
  • Excessive humidity;
  • Poor air quality.
However, a dwelling becomes uninhabitable when a serious danger exists. Thus, the health or safety of the occupants may be compromised.

What remedies are available to the tenant?

When unfit housing is identified, the tenant has several remedies. Thus, the tenant may bring the matter before the Administrative Housing Tribunal.

The tenant may notably request :

  • The termination of the lease;
  • A rent reduction;
  • A claim for damages;
  • An order requiring the landlord to carry out the necessary repairs when their failure risks making the dwelling uninhabitable or when the dwelling has become uninhabitable.
These remedies therefore make it possible to correct the situation and protect the tenant’s health.

Abandonment of the dwelling

The tenant may also decide to abandon the dwelling during the lease if this is justified by the fact that the dwelling is uninhabitable.

In some serious cases, the tenant may leave the dwelling before the end of the lease. This situation may occur when a dwelling is uninhabitable.

However, certain conditions must be respected.

Thus, the tenant must :

  • Notify the landlord of the condition of the dwelling before leaving, or at the latest within 10 days following the abandonment;
  • Be reasonably convinced that the situation will not be corrected quickly.
However, abandoning the dwelling does not terminate the lease. Thus, the tenant will not have to pay rent during the period when the dwelling is uninhabitable. However, if the tenant is responsible for the situation, this rule does not apply.

Moreover, if the tenant does not notify the landlord, the tenant remains required to pay rent and may be held responsible for damages resulting from their departure. Thus, the landlord will be entitled to claim damages or request termination of the lease.

How to prove that a dwelling is unfit

When unfit housing is identified, it is important to document the situation. Thus, these elements may support a claim before the tribunal.

It is recommended to keep :

  • Photos or videos of the problems
  • Communications with the landlord
  • Inspection or expert reports
  • Medical documents related to health effects
These elements can therefore strengthen the credibility of the case.

Reoccupying the dwelling

Once the dwelling becomes fit for habitation again, the landlord must notify the tenant. Thus, the landlord must inform the tenant that the repairs have been completed.

Then, the tenant has a period of 10 days to respond. The tenant must indicate whether they wish to return to the dwelling.

However, if the tenant does not respond within the prescribed time or has not provided their new address, the lease may be terminated. Thus, the landlord may rent the dwelling to another tenant.

Conclusion

Unfit housing can lead to significant legal consequences. Thus, the tenant may obtain a rent reduction or damages.

Moreover, in certain cases, termination of the lease may be ordered. However, each situation must be analyzed according to the circumstances.

Consequently, if you believe you are living in unfit housing, it is important to act quickly. Our firm can analyze your situation and advise you. We can also assist you in fully protecting your rights.

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