Demand letter first vs Filing directly with the TAL
Facing a housing problem, you're torn between sending a demand letter (mise en demeure) or filing an application directly with the TAL? Both approaches have their advantages.
Demand letter first
- ✓Gives the recipient a final chance to fix the situation before any recourse
- ✓Shows your good faith
- ✓Creates important documentary evidence
- ✓Fast and inexpensive (a few dollars)
- ✗Not binding: the recipient can ignore it
- ✗Adds a delay (10–15 days) if you wait for a response before filing with the TAL
- ✗No guarantee of a result
When to choose Demand letter first? The vast majority of situations. It's the recommended first step before any recourse to the tribunal.
Filing directly with the TAL
- ✓A binding process: the tribunal issues an enforceable decision
- ✓Access to free mediation
- ✓Can order provisional measures in an emergency
- ✗A longer, more formal process
- ✗Filing fees
- ✗The tribunal looks favourably on parties who first tried to settle amicably
- ✗Significant processing delays
When to choose Filing directly with the TAL? Urgent situations (a dwelling unfit for habitation, harassment) or when the demand letter went unanswered.
Demand letter first or Filing directly with the TAL: which should you choose?
In the vast majority of cases, sending a demand letter before filing with the TAL is the best strategy. It shows your good faith, gives the other party a chance to fix the situation, and provides important evidence if the file reaches the tribunal. Reserve filing directly for emergencies.
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The information on this page is general and is not legal advice.