Article 1883 C.c.Q.: Paying before judgment to avoid lease termination

A lessee against whom proceedings for resiliation of a lease are brought for non-payment of the rent may avoid the resiliation by paying, before judgment, in addition to the rent due and costs, interest at the rate fixed in accordance with section 28 of the Tax Administration Act (chapter A-6.002) or at any other lower rate agreed with the lessor.

Civil Code of Québec, art. 1883 C.c.Q.

What this article means

Article 1883 gives a tenant a second chance when they are facing a termination application for unpaid rent. Even after an application has been filed at the TAL (Tribunal administratif du logement), the tenant can avoid termination by paying (before a judgment is rendered) the rent owed, legal interest, and court costs.

The interest rate that applies is the one set under article 28 of the Tax Administration Act (adjusted periodically by the Ministère des Finances), or a lower rate agreed on with the landlord. This is not a penalty rate; it is a late-payment interest rate that compensates the landlord for the delay.

This article is an important protection for tenants in temporary difficulty. It lets you put things right up to the last minute and keep your home. That said, this protection does not erase the history: repeated late payments can ground a termination application for frequent delays causing the landlord serious harm (article 1971).

What it means for you

If you are a tenant

If you receive a termination application for unpaid rent, do not panic: as long as no judgment has been rendered, you can still avoid termination by paying everything you owe. Work out the exact amount: overdue rent, interest at the legal rate, and the court costs the landlord has incurred.

Whenever possible, pay in a way that leaves a written trace (bank transfer, cheque, or money order) and keep every receipt. Show up at the hearing with your proof of payment: the TAL (Tribunal administratif du logement) will then dismiss the termination application.

If you are a landlord

If the tenant pays everything owed before judgment, the TAL (Tribunal administratif du logement) will dismiss your termination application. Calculate the interest and costs precisely so you are fully reimbursed. The tenant is only released by paying the total, including interest at the legal rate and your court costs.

If the late payments keep happening, document the history. The TAL is less lenient toward tenants who use this protection over and over to buy time. In those cases, you can instead rely on article 1971 for frequent late payments that cause serious harm.

Related articles

• Article 1973 C.c.Q.: Resiliation by the Court: Grace Period or Immediate Resiliation
• Article 1971 C.c.Q.: Lease termination for late rent payment
• Article 1855 C.c.Q.: The tenant's core obligations
• Article 2925 C.c.Q.: The three-year prescription period for claims
• Article 1594 C.c.Q.: Putting the other party in default