Can the tenant withhold or reduce their rent when the landlord fails to meet their obligations?

In a commercial lease, the tenant generally cannot unilaterally decide to stop paying rent or reduce the amount simply because the landlord is not fulfilling some of their obligations.

According to the Civil Code of Québec , a tenant may request a rent reduction when the landlord fails to meet their obligations. This reduction may be granted by the court depending on the circumstances.

The Civil Code of Quebec also provides for certain situations in which the tenant may deduct from his rent expenses incurred to carry out repairs or work that is the responsibility of the landlord.

This is particularly the case when:

• The court authorizes the tenant to carry out certain work under the conditions it determines;
• The tenant must incur urgent and necessary expenses for the preservation or enjoyment of the premises, when the conditions provided by law are met.

In a commercial lease, contractual clauses may also govern the tenant's recourse, particularly regarding compensation or withholding of rent, subject to applicable legal rules.

It is therefore important to check the lease terms and available remedies before withholding or reducing a payment.

An unjustified withholding could constitute a default of payment and expose the tenant to legal action by the landlord, including a demand for payment or, in certain circumstances, termination of the lease.