The relationship between a lessor and a lessee is based on a precise balance of rights and obligations in leasing. Whether one is the owner of a rental property or a tenant of a dwelling, it is essential to clearly understand one’s responsibilities. Indeed, leasing obligations are strictly governed by Quebec law. Thus, compliance with these obligations helps prevent conflicts and maintain a harmonious rental relationship.

The obligations of the lessor

First, the lessor has the obligation to deliver the leased property in good condition. Thus, the dwelling or building must be handed over to the lessee in a condition that allows normal use from the beginning of the lease. In addition, the lessor must also guarantee peaceful enjoyment of the property. That is, allowing the lessee to use it without undue disturbance, whether by the lessor themself or by third parties.

Moreover, the lessor must ensure that the property can be used for the purpose for which it is leased. The lessor must also maintain the dwelling throughout the term of the lease. In this regard, the lessor may not change the form or destination of the leased property.

In addition, the lessor is required to protect the lessee against disturbances of right. For example, the lessor must intervene when a third party claims a right over the dwelling that prevents its normal use.

With respect to maintenance, the lessor must carry out all repairs necessary to preserve the property. However, minor repairs remain the responsibility of the lessee. These leasing obligations relate in particular to major or structural repairs affecting the safety or habitability of the dwelling.

In the specific context of a residential lease, additional obligations apply to the lessor. Thus, the lessor must provide the lessee with a copy of the lease. The lessor must also provide the building rules, where such rules exist.

In addition, the lessor must indicate the lowest rent paid for the dwelling during the previous 12 months. This requirement is intended to ensure transparency at the time the lease is entered into.

The lessor is required to deliver a dwelling in good habitable and clean condition. The lessor must also maintain it in this condition throughout the term of the lease.

Finally, except in cases of emergency, the lessor must give

The obligations of the lessee

For their part, the lessee has the primary obligation to pay the rent under the conditions and at the times provided for in the lease. This obligation constitutes one of the main leasing obligations. In addition, the lessee must also use the leased property with prudence and diligence.

Thus, the lessee must respect the destination of the property and avoid any abnormal deterioration. Like the lessor, the lessee may not change the form or destination of the leased property.

Moreover, the lessee has the obligation to report disturbances of right that interfere with their enjoyment of the dwelling. This notification allows the lessor to intervene promptly when necessary.

In addition, the lessee must ensure that they do not disturb the normal enjoyment of other occupants of the building. In the event of a breach of this obligation, the lessee may be required to compensate for the damage caused. The lessee is also responsible for losses or damage to the leased property when they result from their fault or negligence.

The lessee must also notify the lessor of defects and substantial deterioration affecting the dwelling. Thus, leasing obligations include communicating problems affecting the dwelling.

At the end of the lease, the lessee is required to return the property in its original condition. However, normal wear and tear is excluded. The lessee must also remove any constructions or installations added, unless otherwise agreed.

Finally, the lessee must maintain the cleanliness of the dwelling. The lessee must also allow visits when required by law or by the lease, in particular for the purpose of reletting or selling the property.

Conclusion

In conclusion, understanding leasing obligations is essential to avoid disputes. Both the lessor and the lessee must comply with their respective responsibilities. Thus, a good knowledge of these rules promotes a harmonious lease that complies with the law.

However, certain situations may become complex. In the event of doubt, conflict, or a particular situation, it is strongly recommended to seek advice. Our firm can analyze your leasing obligations, advise you appropriately, and assist you in the defence of your rights.