My landlord is claiming damages at the end of the lease what do i do?
Short answer
In Quebec, the tenant must return the dwelling in the condition in which they received it, but is not responsible for normal wear and tear or for deterioration that is not their fault. It is up to the landlord to prove the damage and its cost.
In detail
The tenant answers for the damage they caused, as well as for damage caused by a person they allowed to use the dwelling or to enter it.
Normal wear and tear is not damage: walls that need freshening up after several years, a slightly marked floor or aged caulking are the effect of time passing, not of fault.
The landlord cannot hold back money in advance, since deposits are prohibited. To be compensated, they must reach an agreement with the tenant or file an application with the Tribunal administratif du logement (TAL, Quebec's rental board), with evidence and invoices.
What to document
The condition of the premises on arrival and on departure: dated photos and videos, room by room, ideally with a witness. Also keep the lease, the exchanges with the landlord, and the invoices for any repairs you did yourself.
Put your facts in writing, free. Writing your version down early, keeping your documents dated and preparing your questions for a lawyer: the tool is there to document, never to advise.
Open the application Up to 3 files, no card · see the plans
Official sources
- Éducaloi — The tenant's obligations
- JuridiQC — The condition of the dwelling on moving-in day
- TAL — Rights and obligations of the tenant
Related questions
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What this page is not
This is general legal information about the law of Quebec and Canada, dated and sourced. It is not legal advice, not a strategy, and not a prediction about the outcome of a case. In Quebec, only lawyers and notaries may give legal advice (Act respecting the Barreau du Québec, ss. 128 and 133). Laws and amounts change: the official source always prevails over us.