Can i stop paying rent if my dwelling is in bad condition?

In detail

The poor condition of a dwelling opens up real remedies, but withholding rent without authorization is not one of them. The tenant may ask the Tribunal administratif du logement (TAL, Quebec's rental board) for a rent reduction, for the work to be carried out, for damages, and in serious cases for cancellation of the lease.

The TAL may authorize the deposit of the rent with the tribunal: the tenant keeps paying, but into the hands of the TAL, until the situation is corrected.

There is an exception for urgent and necessary repairs: after informing, or trying to inform, the landlord, if the landlord does not act in due course, the tenant may have the work done and deduct the reasonable expenses from the rent, with invoices to back it up.

What to document

Dated photos and videos of the problem, the formal notice (mise en demeure) sent to the landlord with proof of receipt, the invoices for urgent repairs, and a log of your follow-ups. It is that trio — the condition, the notice, the lack of response — that the tribunal looks at.

Official sources

• TAL — Deposit of rent
• TAL — Urgent and necessary repairs
• Éducaloi — A dwelling in poor condition: your remedies

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