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Article 1465 CCQ - Liability for the act of a thing

Article 1465 makes the custodian of a thing liable for injury caused by the autonomous act of that thing, meaning without anyone setting it in motion. Their fault is presumed: they are released by proving they committed none.

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What it means for your syndicate

In a co-ownership, this is the rule that typically covers equipment in a private portion that fails and damages the building: a water heater, a washer hose, a leaking toilet. The co-owner who has custody of it is presumed at fault.

The presumption is not absolute: the co-owner may rebut it by showing they committed no fault, for example through regular maintenance and a prompt response to signs of a leak. Keeping to the equipment’s recommended service life is not always enough. Maintenance records therefore matter to both sides.

Together with article 1074.2, it lets the syndicate claim damages from the co-owner who has custody of the thing at issue. CondoAide lets the board record this basis on the claim (“Thing in their custody”) and keep the facts behind it.

Official text of the article

The official, up-to-date text of article 1465 is published by the Éditeur officiel du Québec. CondoAide only provides a plain-language summary here.

Last verified on July 13, 2026. CondoAide is not a legal authority and does not replace professional advice. If there is any discrepancy, the official Civil Code text prevails.

Manage your co-ownership with confidence

CondoAide helps self-managed Quebec syndicates keep their register, finances and meetings aligned with the Civil Code.