Article 1898 C.c.Q.: Form and address of notices relating to a lease

Every notice relating to a lease, except notice given by the lessor with a view to having access to the dwelling, shall be given in writing at the address indicated in the lease or, after the lease has been entered into, at the new address of the party, if the other party has been informed of it; the notice shall be drawn up in the same language as the lease and conform to the rules prescribed by regulation. A notice that does not conform to the prescribed requirements may not be set up against the addressee unless the person who gave it proves to the court that the addressee has not suffered any injury as a consequence.

Civil Code of Québec, art. 1898 C.c.Q.

What this article means

Article 1898 sets the form for every notice that moves during the life of a lease: notices of modification, of non-renewal, of assignment, of repossession, of termination. Three requirements stack up: the notice must be in writing, it must be given at the address indicated in the lease (or at the new address, where the other party has been informed of it), and it must be drawn up in the same language as the lease.

What the article does not say matters just as much: it imposes no method of sending. Not registered mail, not a bailiff, not any particular transmission form. The widespread belief that a notice to a landlord "has to go by registered mail" does not come from the Civil Code. Registered mail is a proof strategy the parties choose, not a condition of validity.

The sanction in the second paragraph explains why proof still matters: a non-conforming notice may not be set up against the addressee. In other words it is treated as though it had never been given, which collapses the time limit it was meant to start. The only way out is proving to the court that the addressee suffered no injury. Since most lease deadlines run from receipt, the real practical question is not which postal service was used, it is whether you can establish the date the notice reached the right address.

What it means for you

If you are a tenant

You are not required to send your notices by registered mail: article 1898 requires a writing, at the lease address, in the language of the lease. What protects you is being able to prove the date of receipt, because that is what starts the deadlines running (non-renewal, replying to a modification, assignment).

Write to the address shown on the lease, keep an identical copy of what you send, and choose a method that leaves a dated trace. If your landlord has moved and told you so, use the new address. A notice sent to the wrong address risks being declared unenforceable, and you lose the benefit of the deadline.

If you are a landlord

A notice sent to the wrong address or drawn up in the wrong language can be declared unenforceable against the tenant, which destroys the effect you wanted: a repossession, a rent modification or a non-renewal can fail on that ground alone. Check the address on the lease and the language the lease was entered into before sending.

No method of sending is imposed, but you will carry the burden of proving receipt if the tenant disputes it. Keep dated proof of every notice you send: that is what will make the difference before the Tribunal, not having queued at the postal counter.

Related articles

• Article 1860 C.c.Q.: Duty Not to Disturb Other Tenants
• Article 1910 C.c.Q.: Dwelling in Good Habitable Condition
• Article 1854 C.c.Q.: The landlord's core obligations
• Article 1864 C.c.Q.: The landlord's duty to make necessary repairs
• Article 1868 C.c.Q.: Urgent and necessary repairs made by the tenant
• Article 1913 C.c.Q.: A home unfit for habitation
• Article 1902 C.c.Q.: Harassment in housing
• Article 1931 C.c.Q.: The landlord's access to the home
• Article 1869 C.c.Q.: Reimbursement for urgent repairs made by the tenant
• Article 1893 C.c.Q.: Clauses that stray from the tenant's rights are of no effect
• Article 1900 C.c.Q.: Prohibited clauses in a residential lease
• Article 1901 C.c.Q.: Abusive clauses in a residential lease
• Article 1904 C.c.Q.: No security deposit and no rent in advance
• Article 1911 C.c.Q.: The duty to keep the home clean
• Article 1912 C.c.Q.: Failures to Meet Safety and Sanitation Standards