There is mould in my dwelling what are my remedies?
Short answer
In Quebec, the landlord must deliver and maintain a dwelling in a good state of habitability; where there is mould or dampness, the tenant may ask the Tribunal administratif du logement (TAL, Quebec's rental board) for the work to be done, for a rent reduction, for damages and, in serious cases, for cancellation of the lease.
In detail
The first step is to notify the landlord in writing, ideally by formal notice (mise en demeure), describing the problem and asking for it to be corrected within a reasonable time. Keep proof that it was received.
If nothing happens, the Tribunal administratif du logement (TAL, Quebec's rental board) may order the work and compensate the loss of enjoyment of the premises. A rent reduction may be granted for the period during which the dwelling was not fully usable.
If the dwelling becomes unfit for habitation — that is, if it poses a serious risk to health or safety — the tenant may leave it and stop paying rent while they are away, provided they notify the landlord within 10 days.
What to document
Dated photos and videos of every affected room, a log of the symptoms or of the damage, the written notices sent to the landlord with proof of receipt, municipal inspection reports if there are any, and your invoices.
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.
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Official sources
- JuridiQC — Dampness, water damage, mould, bad smells: your remedies as a tenant
- Éducaloi — A dwelling in poor condition: your remedies
- TAL — Rights and obligations of the landlord
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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.