The rental unit you have rented obviously remains your property even if a tenant has a right to maintain the premises.
However, some landlords can have a very bad surprise to discover at the end of lease or following eviction of a tenant, which the rented premises have denigrated and even sacked. All this can lead to significant repair and reconstruction.
We would, therefore, encourage you to be cautious as landlords of rental buildings, and we encourage you to visit the premises during the lease. This is allowed legally under Quebec rental law, and is provided for in the lease.
Page 6 of the conditions of lease in the lease describes “access to and visit of the unit.”
Article 28 specifies that in order to carry out the rights to access of the unit, the landlord must act in good faith, according to the regulations. The tenant must not unfairly refuse access, and the landlord must not abuse his/her rights, and must exercise them reasonably all the while respecting the tenant’s privacy. Article 29 states that while the landlord may have access to his rented unit to check its condition during the lease, this must occur between 9 a.m. and 9 p.m. following written and/or verbal notice of 24 hours prior to the visit.
The APQ-recommended notice can be found in the Landlord’s Kit and in the section for our members on the APQ Web Site (www.apq.org ).
A visit to your property can allow you to take prevention measures of the condition of the unit. Also, in case of problems, you can warn the tenant so that he/she can rectify the situation. Recently, the media stated that the marijuana culture was infiltrating single-dwelling homes and rental units. The marijuana culture can only promote serious problems in a building, and landlords learned this very recently.
Naturally, one should not be paranoid and think that all tenants commit illegal acts in their units. However, a visit to the premises can immediately allow you to dispel anyone’s dark thoughts in any regard.
A visit to the premises can divulge other information such as the number of occupants in the unit, the trafficking of illegal substances, etc. It is easy to observe the condition of the unit, and if a tenant refuses outright to the visit, you should contact one of our lawyers to find out how to proceed to maximize your success at the Régie du logement.
Naturally, as in all things moderation is the key. Frequent, spontaneous, compulsive or unjustified visits could be considered as harassment.