Flooding - What rights and obligations do landlords and tenants have?

News - July 14, 2025

The flooding and its consequences have raised serious concerns among many landlords and tenants. Over the next few lines, we'll be answering some of the most frequently asked questions on this subject. Please note that the answers to your questions may vary depending on the source of the flooding in your building, and the specific circumstances of your situation.

Flooding - What rights and obligations do landlords and tenants have?

(Picture : CTV News)

Your dwelling has flooded. What are the first steps to take?

First and foremost, the tenant is responsible for notifying the landlord of any substantial deterioration in the dwelling, and for doing everything possible to minimize the damage and prevent the situation from getting any worse.
It should be noted that, in this type of situation, the landlord can access the dwelling without prior notice, as it is an emergency situation. We encourage all parties to work together to facilitate the process.
Once the damage has been ascertained, we strongly recommend documenting the loss as accurately as possible. This includes taking photos and videos. It is also advisable to draw up an inventory and photograph the damaged furniture. This step can be undertaken by both the tenant occupying the property and the landlord, and will help insurers with future claims.
Landlords: If you have to buy materials to remove water from a flooded basement, products, fans, dehumidifiers, etc., keep all your receipts. The same goes for tenants who have to find lodging elsewhere, eat, etc. These receipts can also be used to file claims with your insurers.
It's also a good idea to keep track of the time you and your family spend on flood-related tasks.
The landlord has an obligation to act diligently, in good faith and as quickly as possible to repair the damage. However, no specific time limit is imposed by law.
It is strongly recommended that all parties, landlord and tenant, contact their insurance companies as soon as possible. If you live in a condominium, don’t forget to also inform your Syndicate of Co-ownership so that it can notify the insurer in question, if applicable.
Note that some insurance companies allow you to make claims directly online. Check their websites to see if this option is available to you. This will save you hours of waiting on the phone.
If you decide not to file a claim with your insurance company, or if they refuse your request, you should know that CORPIQ offers a list of different partners in various fields, including renovation, decontamination, post-disaster service, etc. We invite you to consult our online partner directory, available at the following link: https://www.corpiq.com/partners-directory/

What role does insurance play?

The building is generally insured by the landlord. The tenant, on the other hand, should, if provided for in the lease or if they do so of their own choice, be insured for their civil liability (if they are responsible for a loss) and, at their discretion, for their personal belongings. So, if the furniture in the dwelling belong to them, they must have it insured in order to be compensated in the event of damage or loss following a disaster.
In the case of flooding, this means that the landlord will have to call on their insurance for damage to the building itself (e.g. replacement of floors, walls, disinfection, decontamination, drying out, work, etc.).
Please note that some insurance policies do not automatically cover water damage (damage caused by water infiltration, sewer backup or overflowing watercourses) or natural disasters, and require the addition of an endorsement. Check with your insurer to find out if you're covered.
Please note that the Ministère de la Sécurité publique (MSP) may offer some financial assistance for landlords and tenants not covered by a flood policy, for example, or for whom the amount of insurance does not cover all their damages. Here's the link for more information: https://www.quebec.ca/en/public-safety-emergencies/emergency-situations-disasters-and-natural-hazards/financial-assistance-and-compensation-flooding-or-disaster/financial-assistance-compensation-property-owners-tenants
Tenants, on the other hand, will generally have to call on their insurance for relocation and personal property affected by flooding.
If the flooding qualifies as force majeure, the tenant will not be able to claim damages from the landlord, nor claim any reduction in rent. If it is not force majeure, the tenant will have to prove the landlord's fault in order to claim damages.
It should be noted that the question of force majeure is a question of fact that will be assessed by the Tribunal administratif du logement on the basis of the evidence presented by the plaintiff.
Please note that insurance policies may vary, and different endorsements may provide different coverage. It is therefore important for the landlord to read their contract carefully or contact the insurance company to find out what is covered in their case.

If the tenant is not insured, what should be done?

If the condition of being insured was included in the lease, and the tenant has still not taken out liability insurance, it will be necessary, once the crisis situation has been resolved, to send the tenant a notice of non-compliance with the lease clauses (model provided by CORPIQ), so that the tenant respects this condition.
If the landlord did not add this clause to the lease at the outset, it is possible to do so at the next lease renewal. Within the appropriate period (refer to the tables on the back of your leases to see what your renewal period is), the landlord will be able to send a notice not only to increase the rent, but also to modify the conditions of the lease if necessary. We therefore recommend that you add a requirement for the tenant to take out an insurance policy. To this end, CORPIQ provides you with a model notice of lease renewal with changes in conditions, available online.
Please note that if the tenant was not insured at the time of the flood, they are not covered for the replacement of lost or damaged personal property. It is therefore not the landlord's responsibility to compensate the tenant or replace damaged goods.
Whether or not uninsured tenants will be reimbursed for relocation costs following last Friday's flood will depend on if the event qualifies as force majeure. As a general rule, if it is not force majeure, the tenant could try to claim these costs from the landlord through an application to the Tribunal administratif du logement.
Furthermore, when a tenant has no insurance, we ask the landlord to assist them wherever possible. In particular, you can offer to temporarily house the tenant with family members, if possible, or relocate them to one of your vacant units, if you have any.

Does the tenant have the right to abandon the unit?

Yes, if the dwelling is considered unfit for habitation (i.e., poses a serious threat to the health or safety of the occupants) and this condition is not the fault of the tenant, he may abandon it. The tenant must notify the landlord in writing prior to abandonment, or within 10 days of abandonment. You can consult the notice of abandonment on the Tribunal administratif du logement website: https://www.tal.gouv.qc.ca/sites/default/files/notices/TAL_801A_E.pdf.
The tenant is not required to pay rent while the dwelling is unfit for habitation.
When the dwelling becomes fit for habitation again, if the tenant has given their new address to the landlord, the landlord must notify them immediately. The tenant has 10 days to indicate whether or not they intend to move back in. If the tenant does move back in, they must start paying rent again (at the same rate as stipulated in the lease). If the tenant fails to notify the landlord of their new address following abandonment, the lease is considered terminated and the landlord can sign a new lease with a new tenant.
Note that if the parties do not agree on whether or not the dwelling is unfit for habitation, an expert (for example, a municipal inspector) can determine this. Otherwise, the case may be presented to the Tribunal administratif du logement, which will decide on the basis of the facts and circumstances.

If the tenant does not allow access to the dwelling following the flood, what recourse does the landlord have?

The tenant is required to allow the landlord access to the dwelling. If access is prevented, the landlord will have the right to file an application with the Tribunal administratif du logement to request an order for access to the dwelling. You can mention the urgency, if any, and justify it in the application to try to get a hearing date sooner.

The application to be used on the TAL website can be found here: https://www.tal.gouv.qc.ca/sites/default/files/TAL-001A-E.pdf. If you have any difficulty completing the application yourself, we invite you to visit one of the offices of the Tribunal administratif du logement for assistance from an attendant. As a general rule, you'll need to book an appointment online beforehand, but for urgent cases that threaten the health or safety of the occupants, you'll be able to attend without an appointment. Here's the link to make an appointment at their offices: https://www.tal.gouv.qc.ca/en/info-offices.

If the landlord does not undertake the necessary work, what can be done?

The landlord must, within the most reasonable timeframe, undertake the necessary work to restore the dwelling to its original condition. If they fail to do so, the tenant may apply to the Tribunal administratif du logement for an order forcing them to carry out the necessary work.
If the landlord takes all the necessary steps, but the response time from the insurers or to find available contractors is longer than usual, it's a good idea to keep proof of the steps taken to defend yourself in the event of a dispute. We therefore suggest that you notify your tenants of these delays in writing, so that they know you are acting proactively to resolve the situation. Once again, we urge all parties to show indulgence in view of the current exceptional circumstances.
Please note that if the TAL issues a judgment ordering the landlord to undertake necessary work, and the landlord fails to do so, the landlord may be in contempt of court and subject to fines.

If the necessary work requires evacuation of the dwelling, what are the responsibilities of each party?

Urgent and necessary work:

If the work is urgent and necessary, the landlord is legally not required to give any notice to the tenant. The tenant must vacate the premises quickly and relocate. In these cases, the law does not stipulate any specific time limit for evacuation, so check with your insurance company or contractors to find out when they will be starting the work, so you can notify your tenants as soon as possible so they can relocate.
Except in cases of force majeure, the tenant may be entitled to a rent reduction, lease termination or compensation. We recommend that tenants keep all bills for food and lodging, to facilitate insurance claims.
- o If the tenant does not vacate, the landlord may apply to the TAL for an order to vacate the premises for the duration of the work.

Major non-emergency work:

In the case of less extensive damage, the landlord must, in accordance with the law, send the tenant a notice at least 10 days before the start of the work, if the tenant is to be relocated for a period of less than seven days, or if no relocation is required.
- If the work is not urgent and the relocation will last more than seven days, the landlord, unless otherwise agreed with the tenant, must give the tenant at least three months' notice so that they can relocate during the work period.
- Please note that notices to this effect are provided on the CORPIQ website at the following link: https://www.corpiq.com/en/letters-and-forms/?categorie=18

In the event of a dispute that cannot be settled between the parties, what else can be done?

Should a dispute remain between the parties, it is important to note that there is the possibility of legal recourse to the Tribunal administratif du logement (TAL). The first step before initiating an application to the TAL would be to send a formal notice to the opposing party describing the problem/defect and asking them to correct it within a reasonable timeframe, failing which the relevant recourse will be initiated at the TAL. We also recommend contacting relevant resources, including our consulting department, the TAL, a lawyer or associations, who can inform the various stakeholders of their rights and obligations according to the circumstances of each case, and try to relieve the courts as much as possible.

What to do with debris and waste?

First and foremost, check with your insurer to see whether you should keep the property affected by the flood, or whether you can dispose of it. At the very least, it's a good idea to have photos of the property affected, as well as any lost, buried or stolen items. If you are able to dispose of your belongings, contact the municipality where your building is located to find out whether any specific action has been planned in response to the August 9 floods. For most municipalities, the same collection schedule has been maintained, but some special collections have been set up for goods left on the property and refrigerated goods. Citizens are also invited to visit the ecocenter to dispose of debris, bulky items and refrigerators. CORPIQ also makes available to its members a number of partners you can contact to dispose of debris. You can find them by consulting the following link: https://www.corpiq.com/partners-directory/.

DID YOU KNOW?

Some financial assistance may be available to people who have had to evacuate their principal residences, to disaster-stricken landlords and tenants, and to owners of rental properties affected by disasters. Find out more about eligibility criteria and other relevant information here:

RELEVANT EXTERNAL RESOURCES:

City of Montreal: What to do after a flood | Montréal City (montreal.ca)

City of Laval: Laval - Spring Flooding and Floods

Municipalities: dial 311

Quebec Bar: trousse-sinistre.pdf (barreau.qc.ca) (only available in French)

Insurance Bureau of Canada: Flooding – Insurance Bureau of Canada (bac-quebec.qc.ca) et Nine question to better understand flood insurance (laval.ca)

Autorité des marchés financiers (AMF) (can help you better understand your insurance contract): Contact us | AMF (lautorite.qc.ca)

Psychosocial assistance: dial 811, option 2

Red Cross: État de situation sur les pluies abondantes au Québec | Gouvernement du Québec (quebec.ca) (only available in French)

Corporation of Master Electricians of Quebec: Sinistre - CMEQ (only available in French)

Info Assurance : Brochure Eau FR_DECEMBRE2017 V2 - 28553 (infoassurance.ca) (only available in French)

CORPIQ invites all parties to cooperate, help each other and be patient, as experts and resources are overwhelmed with the current high number of flood-related requests. Our property management advisors remain available during CORPIQ business hours to help you and answer more specific questions.

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