End-of-lease inspections don't have to be nasty

The first, the landlord, said there was a history of difficulty between herself and the tenant and was fearful that damages had been caused to the apartment.

On the other hand, the second client, a tenant, was concerned that the landlord had some ulterior motive in demanding an inspection when the lease was almost over and he would be moving out in a month or so.

Both may have some valid point in their fears. However, the law decides and takes precedence over personal feelings.

I have been in this field for 20 years, but I am frequently surprised that all this experience has not eliminated the personal turmoil I feel when I see aggressive situations related to end-of-lease and inspections.

It is a constant that both tenants and landlords do not wish, refuse or will not take the time to find out the law and apply it so that contentious issues may be resolved or avoided.

- A landlord has a right and obligation to inspect the premises.

- The landlord has the obligation to ensure safety and security of building and all tenants.

- A building owner has the obligation to inform all tenants of any inspection.

- The tenant has an obligation to allow any reasonable inspection.

- The inspection must be performed in a reasonable fashion and for a valid reason.

- The inspection must be done in a reasonable manner, at a reasonable time.

- The tenant cannot legally refuse a legal inspection.

- If the tenant refuses to allow a reasonable inspection, the landlord must apply to the Régie du logement for immediate access to perform a reasonable inspection.

- A copy of the Régie du logement application must be sent to tenant via registered mail and or bailiff.

- The Régie du logement's 'Avis d’audition' (notice of hearing) should be sent to tenant via bailiff.

Then proof must be presented in court, via photos, witnesses, reports, etc.

If this isn’t enough to make you want to avoid legal recourse and resolve the issue, then you are not seeing things clearly.

I am going to make the law a little bit clearer.

Take out your copy of the lease or buy a new copy at a pharmacy or stationary store. Now refer to the following clause, but read my paraphrasing first.

Québec Lease Clauses 13 - 22: It is hoped that when a tenant leaves a dwelling, they have not caused any damage or are willing to repair any damages caused, that are beyond normal wear and tear.

Québec Lease Clauses 28 - 32: A landlord has the legal right, with legal notice given, to visit and inspect the premises.

A landlord may then inspect the dwelling before a tenant moves out. This may be a prudent action, if a landlord suspects or is sure that damage has been caused. Two witnesses, not in the family, are suggested.

It may be a better idea to have a third party do the inspection if there has been a history of difficult relations between landlord and tenant. Witnesses for both landlord and tenant may be a good idea. Always remain calm and do not respond to any type of aggression.

If you, as a tenant, believe some type of abuse or harassment forms the basis of an inspection request, you may refuse and take it to the Régie du logement to force respect of your legal rights as guaranteed in law. However, a landlord has the right, and I will even say legal obligation, to pursue legal action if she believes an inspection is required in order that Article 1912 and 1913 of the Québec Civil Code.

Article 1912: The following give rise to the same remedies as failure to perform an obligation under the lease:

- Failure on the part of the lessor or the lessee to comply with an obligation imposed by law with respect to the safety and sanitation of dwellings;

- Failure on the part of the lessor to comply with the minimum requirements fixed by law with respect to the maintenance, habitability, safety and sanitation of immovables comprising a dwelling. (1991, c. 64, a. 1912)

The Québec Civil Code obligates a landlord to be certain that a dwelling is in good condition and may be used for habitation. No insurance company would allow an unfit dwelling to be carried as a risk without some legal action to require repairs.

No competent, moral landlord would offer it for lease. A landlord could risk a great deal if the law was not followed. This is the major reason I am so serious about the law.

Article 1913: The lessor may not offer for rent or deliver a dwelling that is unfit for habitation.

A dwelling is unfit for habitation if it is in such a condition as to be a serious danger to the health or safety of its occupants or the public, or if it has been declared so by the court or by a competent authority. (1991, c. 64, a. 1913)

The ultimate responsibility for the condition of a dwelling rests with a landlord. The ultimate responsibility to not impede a reasonable inspection, which assists the maintenance of a dwelling remains with the tenant. Should either party stop the other from performing their function, they may be held liable for damages. Both parties, under the Civil Code, must inform the other should there be some repair of consequence required. Please read Sections 21 - 24 of the lease.

So you see that if the law is followed, things get easier, and dwellings remain in good condition which is exactly what the intention of the legislators continues to be.





- This is a general overview only. Please seek legal counsel or come and see us. Ted Wright is coordinator of Westmount Legal Clinic, which meets every Wednesday at 3:30 p.m. at the Westmount YMCA, 4585 Sherbrooke Street W. Send questions to (tedquestions@yahoo.ca), via fax to 514-277-8403, or mail to P.O. Box 48101, Montréal, Qc., H2V 4S8. Please provide a phone number to verify identity. Your name will not be published without your permission. Mr. Wright contributes to various media in Canada, both print and electronic. Should you wish personal, more extensive assistance, professional fees may apply. He may also be heard on “Know Your Rights - Legal Show” every Saturday on CINQ 102.3 FM, at 2:30 PM. Podcasts of shows are available for one week after original airing. www.radiocentreville.com). Ted Wright can also be heard every so often on 940 Montreal's legal affairs programme “Sidebar with Dino Mazzone”, every Friday evening from 8 to 10 PM on 940 AM. Mr. Wright also appears with lawyer Dino Mazzone, on an ad hoc basis on 940 News Friday nights at 8 p.m.