Article 1973 C.c.Q.: Resiliation by the Court: Grace Period or Immediate Resiliation

Where either of the parties applies for the resiliation of the lease, the court may grant it immediately or order the debtor to perform his obligations within the period it determines, except where payment of the rent is over three weeks late. Where the debtor does not comply with the decision of the court, the court resiliates the lease on the application of the creditor.

Civil Code of Québec, art. 1973 C.c.Q.

What this article means

Article 1973 frames the court's powers when it hears an application to resiliate a lease. The court has two options: resiliate immediately, or give the debtor a second chance by ordering them to perform their obligations within a period it sets. That flexibility applies to most breaches: disturbances, maintenance obligations, frequent late payments.

The article carves out one major exception: rent that is over three weeks late. In that case, the court cannot order performance within a set period; the resiliation sought under article 1971 follows its course. The tenant still has the exit door of article 1883: paying the rent due, costs and interest before judgment to avoid resiliation.

The second paragraph gives the performance order teeth: if the debtor does not comply with the court's decision, the court resiliates the lease on the creditor's application. The order is not a mere warning: it is the last step before the lease ends.

What it means for you

If you are a tenant

If your landlord applies for resiliation over a breach other than rent more than three weeks late, the court can give you a deadline to fix the situation instead of resiliating. Showing good faith (corrections already made, a proposed arrangement, payments resumed) improves your chances of getting that second chance.

For rent over three weeks late, that grace period does not exist. Your protection is article 1883: paying the rent due, costs and interest before judgment. If the court issues a performance order, follow it to the letter: failing to comply leads to resiliation on the landlord's simple application.

If you are a landlord

Article 1973 explains why an application for resiliation does not always end the lease: the court may prefer to order performance within a set period. A documented file (demand letters with proof of receipt, a history of breaches, preserved exchanges) weighs in the balance when the court decides whether to grant immediate resiliation.

For rent over three weeks late, the exception works in your favour: the court cannot substitute a grace period for the resiliation sought under article 1971. Keep in mind, though, that the tenant can avoid resiliation by paying before judgment (article 1883). If a performance order is issued and not respected, return to the court: resiliation is then granted on your application.

Related articles

• Article 1971 C.c.Q.: Lease termination for late rent payment
• Article 1883 C.c.Q.: Paying before judgment to avoid lease termination
• 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