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When a tenant doesn’t pay the rent
Step 1 · Informal communication
Before any legal step, the first thing to do when a tenant doesn't pay the rent is to try informal communication. A simple phone call or text message can be enough to resolve the situation. It often turns out that a forgotten payment, a temporary banking issue, or a passing financial difficulty explains the late payment.
Even though this step seems mundane, it's crucial for the rest of your file. Document every attempt to make contact: keep screenshots of your messages, note the date and time of your calls, and summarize in writing the content of your verbal exchanges. This evidence will demonstrate your good faith before the TAL (Tribunal administratif du logement) if the situation escalates.
If after a few days the tenant doesn't respond or regularize their situation, it's time to move to the next step. Don't let the situation drag on: the longer you wait, the harder it will be to recover the amounts owed.
Step 2. The demand letter
The demand letter (mise en demeure) is a formal letter that officially puts the tenant in default of payment. Although it isn't mandatory before filing an application with the TAL, it considerably strengthens your file. Administrative judges appreciate landlords who have tried to settle the problem amicably before turning to the tribunal.
Your demand letter must contain several essential elements: the identification of the parties, the address of the dwelling, the exact amount of unpaid rent, the months concerned, and a reasonable deadline to regularize the situation: generally 10 days. It must also state that you reserve the right to file an application with the TAL if payment is not made within the prescribed deadline. To save time, start from our unpaid-rent demand letter template, already structured with all these elements.
Sending it by registered mail or by a bailiff is strongly recommended so you have proof of receipt. You can also send the demand letter by certified email to obtain a timestamped electronic acknowledgement of receipt.
Step 3. The application to the TAL
If the tenant still hasn't paid after the deadline granted in your demand letter expires, you can file an application with the TAL. This application can be made online on the TAL's website or in person at one of their offices. You'll need to complete the appropriate application form and pay the filing fee.
In your application, clearly state the amount claimed, the periods of unpaid rent, and the steps you have already taken. You can request both payment of the rent owed and termination of the lease if the conditions are met. Once the application is filed, the TAL will send a notice of hearing to the tenant.
Processing times vary with the region and the complexity of the file. In 2026, expect on average between 2 and 6 months before getting a hearing date. That's why it's important to act quickly at the first signs of non-payment.
Step 4. The hearing at the TAL
On the day of the hearing, you must show up with a complete and well-organized file. Bring all your original documents: the lease, proof of non-payment (bank statements showing the absence of a deposit), a copy of your demand letter and its proof of sending, and any correspondence exchanged with the tenant.
The hearing is relatively informal. The administrative judge will hear your version of the facts first, then the tenant's if they are present. Present the facts chronologically and factually. Avoid personal judgments and focus on concrete elements: dates, amounts, and documents.
If the tenant doesn't show up, the judge may render a decision by default in your favour, provided your application is well founded. The decision is generally rendered in the weeks following the hearing.
Terminating the lease for non-payment
Article 1971 of the Civil Code of Québec provides that the landlord can apply for termination of the lease when the tenant is more than three weeks late in paying the rent. This three-week period runs from the date the rent was due. It's a strict condition: if you file your application before this period expires, it could be dismissed.
Termination is not automatic. The judge will assess the whole situation, including the tenant's payment history, the circumstances of the non-payment, and the efforts made by each party. That said, repeated lateness or a flat refusal to pay will generally lead to termination of the lease and eviction of the tenant.
Note that even after a termination order, the tenant has a certain amount of time to leave the premises. If the tenant refuses to go, you'll have to have the decision enforced by a bailiff. Never try to evict a tenant yourself: it's illegal and could expose you to legal action.
Building a strong file
The key to success before the TAL lies in preparing your file. Methodically gather all the relevant documents: the signed lease, proof of earlier payments (to establish the usual amount), bank statements, all correspondence with the tenant, the demand letter and its proof of sending, and any other relevant document.
Organize your documents in chronological order and prepare a clear summary of the situation. The more structured and complete your file, the better the administrative judge will be able to render a swift decision in your favour. Locato helps you build this file by automatically generating your demand letter and keeping a complete record of your steps.
Start documenting your situation now and preparing the documents you need to protect your rights.