Article 1595 C.c.Q.: Written Form of an Extrajudicial Demand
An extrajudicial demand by which a creditor puts his debtor in default must be made in writing. The demand must allow the debtor sufficient time for performance, having regard to the nature of the obligation and the circumstances; otherwise the debtor may perform the obligation within a reasonable time after the demand.
Civil Code of Québec, art. 1595 C.c.Q.
What this article means
Article 1595 sets out the form of an extrajudicial demand: a demand by which a creditor puts a debtor in default must be made in writing. A verbal complaint is not a valid demand under the Civil Code. It is this writing that formally marks the start of the debtor's default and opens the door to remedies: damages, resiliation, specific performance.
The article adds a second requirement: the demand must allow the debtor sufficient time for performance, judged by the nature of the obligation and the circumstances. A deadline that is too short may be treated as unreasonable; in that case, the debtor keeps the right to perform within a reasonable time after the demand. What counts as "sufficient" depends on context: fixing an urgent leak does not call for the same delay as settling arrears.
In practice, this writing requirement is why a demand letter (mise en demeure) is the essential first step before most housing remedies. The writing fixes the date, describes the failure, states the demand, and sets a deadline: all of which serve as evidence if the matter reaches the tribunal.
What it means for you
If you are a tenant
If your landlord fails to meet their obligations (repairs not done, deposit not returned, disturbance) a phone complaint is not enough legally. Write a formal demand that describes the problem, clearly states what you require, and sets a reasonable deadline to act. A free template grounded in the Civil Code can help you cover every required element.
Allow a realistic deadline given the nature of the problem, and keep proof that it was sent and received. This writing becomes the centrepiece of your file if you later have to apply to the TAL (Tribunal administratif du logement).
If you are a landlord
Before taking action against a tenant (unpaid rent, damage, breach of the lease) a written demand is usually the first step. It must describe the failure, state your demand, and allow enough time for the tenant to comply.
A deadline that is too short risks being found unreasonable and weakening your case. Put the demand in writing, date it, and send it by a means that proves receipt. This writing documents your good faith and the starting point of the default if the matter continues before the tribunal.
Related articles
- Mise en demeure: Definition, Effects and Deadlines (Demand Letter)
- Sous toutes réserves: Meaning of the Notice (Without Prejudice)
- Article 1597 C.c.Q.: Debtor in Default by Operation of Law
- Article 1601 C.c.Q.: Specific Performance of the Obligation
- Article 1604 C.c.Q.: Resolution or Resiliation of the Contract for Non-Performance