Can a landlord enter your apartment without permission in Quebec?

Generally, no, a landlord cannot enter your apartment without your permission in Quebec, with one crucial exception: genuine emergencies.

Tenants in Quebec have a fundamental right to the peaceful enjoyment of their dwelling, which includes a reasonable expectation of privacy. This means a landlord typically needs your consent or must provide proper notice before entering your apartment.

When a Landlord Can Enter Without Permission

The primary instance where a landlord can enter your apartment without your explicit permission or prior notice is in the event of an emergency.

• Emergency Situations: Landlords have the right to access your apartment at any time if there is an emergency. This includes situations where there is an immediate threat to the safety of the occupants or the building, such as a fire, a significant water leak, a gas leak, or a broken pipe that could cause severe damage. In such urgent cases, advanced notice is not legally required, and you cannot deny the landlord access. The law prioritizes the preservation of life and property in these circumstances.

  • Examples of emergencies:
    • Flooding from a burst pipe
    • Gas leak detected
    • Fire alarm indicating a fire
    • Structural damage posing immediate danger

When a Landlord Needs Permission or Notice

For most other situations, landlords are required to follow specific rules regarding entry, which generally involve giving you notice. While not strictly "without permission" in the same way as an emergency, these entries are legally regulated.

• Necessary Repairs or Improvements: A landlord may enter to carry out necessary repairs or improvements. They must give you 24 hours' written notice before entering. The entry must occur between 9 a.m. and 9 p.m.
• Inspecting the Dwelling: For general inspections, the landlord must also provide 24 hours' written notice and enter between 9 a.m. and 9 p.m.
• Showing the Unit to Prospective Tenants or Buyers: If your lease is ending or the property is for sale, the landlord can show the unit to potential renters or buyers. They must give you 24 hours' written notice, and visits must occur between 9 a.m. and 9 p.m.

Your Rights Regarding Scheduled Visits

Even with proper notice for non-emergency situations, you have certain rights:

• Right to Refuse or Negotiate: While you cannot unreasonably refuse access for legitimate reasons (like essential repairs or showing the unit after proper notice), you can negotiate the time or date of the visit if it's inconvenient, as long as your proposed alternative is reasonable.
• Presence During Visits: You have the right to be present during any visit, and it is often advisable to be there.
• Respect for Privacy: The landlord's right to enter must be exercised reasonably and with respect for your privacy. Frequent, intrusive, or unnecessary visits may be considered harassment.

Summary of Landlord Entry Rules

The following table summarizes the general rules for landlord entry into an apartment in Quebec:

What to Do If Your Landlord Enters Without Permission

If your landlord enters your apartment without permission or proper notice in a non-emergency situation, they are violating your rights. You should:

1. Document Everything: Keep a detailed record of the date, time, and circumstances of the unauthorized entry.
2. Communicate in Writing: Send a formal letter or email to your landlord, stating that you do not consent to unauthorized entries and reminding them of their legal obligations.
3. Seek Legal Advice: If the issue persists, you can contact the Administrative Housing Tribunal (Tribunal administratif du logement, previously the Régie du logement) for assistance or to file a formal complaint. The Tribunal can order the landlord to respect your rights, and in some cases, award damages.