Locato

What's the deadline to respond to your notice?

For a repossession or eviction notice, you have 1 month from when you RECEIVE the notice to respond in writing; doing nothing is deemed a refusal to leave (art. 1962 C.c.Q.). For a rent increase or lease modification notice, you have 1 month to refuse; doing nothing is deemed an acceptance of the new conditions (art. 1945 C.c.Q.). Enter the notice type and its reception date to get your exact deadline.

The clock runs from when the notice is RECEIVED, not when it was sent. That's why proof of receipt is decisive.

The same silence, two opposite outcomes

This is the reason the tool exists. Faced with a repossession or eviction notice, your silence protects you: it counts as a refusal, and the landlord must get authorization from the Tribunal administratif du logement before making you leave. Faced with an increase or modification notice, your silence binds you: it counts as acceptance, and the lease is renewed on the proposed terms. The same act (doing nothing) has the opposite effect depending on the notice. Correctly identifying the type of notice is therefore the first thing to do.

Why the reception date matters (and not the sending date)

The law starts the clock “within one month of receiving the notice” (arts. 1945 and 1962 C.c.Q.), not from the date the landlord mailed it. In practice this means two things. First, a notice dated the 1st but received on the 8th gives you until the 8th of the following month, not the 1st. Second, if there's a disagreement, it's the reception date that will have to be proven: by you and by the landlord. A notice whose receipt can't be established hardly starts the clock. That's why proof of receipt, on both sides, is at the heart of any dispute over deadlines.

Respond in writing, with proof of receipt

Whether you accept, refuse or propose to negotiate, put your response in writing and keep a record of its receipt. With Locato, you draft your response from a template, then send it by certified email for $14.99, with a timestamped proof of receipt conforming to the Act to establish a legal framework for information technology (LCCJTI): the exact date your response was received, ready to attach to your file if the dispute reaches the TAL. One nuance: the recipient must have consented to receiving communications by email: if you've never exchanged emails with your landlord, double up with registered mail.

Send your response with proof of receipt

The three types of notice in detail

Repossession notice

The landlord wants the dwelling back to house a relative the law allows. You have one month from reception to notify them whether or not you intend to comply; if you say nothing, you are deemed to have refused to leave (art. 1962 C.c.Q.). It is then up to the landlord to apply to the tribunal for authorization, within one month of your refusal (art. 1963 C.c.Q.).

How to respond to a repossession notice

Eviction notice

The landlord wants to subdivide, enlarge or change the use of the dwelling. The response window is the same as for repossession: one month from reception, and silence counts as a refusal to leave (art. 1962 C.c.Q.). The landlord must obtain the tribunal's authorization and show that the law permits the announced work (art. 1963 C.c.Q.).

Non-renewal, repossession, eviction: your rights

Rent increase or lease modification notice

The landlord proposes a new rent or new conditions when the lease renews. You have one month from reception to give notice of your refusal or your departure; if you do nothing, you are deemed to have accepted the renewal on the proposed conditions (art. 1945 C.c.Q.). To refuse while keeping your home, say so in writing before the deadline.

Abusive rent increase: your rights and remedies

Frequently asked questions

Does the deadline start when the notice is sent or received?

When it is received. The law speaks of the deadline “within one month of receiving the notice” (arts. 1945 and 1962 C.c.Q.). The sending date or the date written on the notice are not decisive: it's the day you actually received it that starts the month. Keep any evidence of the reception date.

What happens if I don't respond in time?

It depends on the type of notice. For a repossession or eviction, doing nothing is deemed a refusal to leave: the landlord will have to get the tribunal's authorization (arts. 1962 and 1963 C.c.Q.). For an increase or lease modification, doing nothing is deemed acceptance of the new conditions (art. 1945 C.c.Q.). Silence therefore does not cut the same way from one notice to another.

How do I count “one month”?

You add one calendar month to the reception date: a notice received on April 8 gives a deadline of May 8. When that day doesn't exist in the following month (for example January 31), the last day of that month is used. This tool applies that rule, but it remains indicative: check your situation, as your lease may have particularities.

Can I refuse an increase without leaving my home?

Yes. You respond in writing, within one month of reception, that you refuse the change but are staying in the dwelling. It is then up to the landlord to apply to the TAL to have the rent set. If you don't respond, you are deemed to have accepted (art. 1945 C.c.Q.).

Does this tool replace legal advice?

No. It provides general legal information and an indicative date based on the rules of the Civil Code of Québec. Deadlines can vary with your lease and your situation. If the notice is contested or complex, consult a lawyer or a housing committee in your area.