Demand letters in housing: tenant or landlord

Between tenants and landlords, a demand letter (mise en demeure) is almost always the step before an application to the Tribunal administratif du logement (TAL). This page covers what is specific to housing. For the general rules (definition, required content, deadline, proof of receipt), see the Quebec demand letter explained.

The most common situations

On the tenant's side:

On the landlord's side:

Each template cites the Civil Code articles that apply to the situation. The structure of the letter stays the same; only the facts, the demand and the articles change.

What the TAL can order next

Your demand letter should announce remedies the tribunal can actually grant. For leases, they are set out in article 1863 of the Civil Code:

Article 1863 C.C.Q.
« The nonperformance of an obligation by one of the parties entitles the other party to apply for, in addition to damages, specific performance of the obligation in cases which admit of it. He may apply for the resiliation of the lease where the nonperformance causes serious injury to him or, in the case of the lease of an immovable, to the other occupants. The nonperformance also entitles the lessee to apply for a reduction of rent; where the court grants it, the lessor, upon remedying his default, is nonetheless entitled to the re-establishment of the rent for the future. »

Specific performance: make the repairs, restore heating, stop a disturbance
Damages for the harm suffered
A rent reduction, for the tenant, while the default lasts
Resiliation of the lease, if the nonperformance causes serious injury

Naming the specific remedy (for example an application to the TAL for a rent reduction) makes the letter more credible than a vague threat. Article 1863 C.C.Q. explained.

What not to write

Don't threaten to withhold rent or stop paying it: a tenant who does not pay exposes themselves to a remedy by the landlord, including resiliation of the lease. The remedy provided for is an application to the TAL, not withholding rent.

Deadlines in housing matters

Ten days suits most situations. For an emergency affecting health or safety (no heat in winter, water damage, a power outage), 24 to 72 hours can be justified. For major work, allow longer and ask the landlord to confirm a start date. How much time to allow in a demand letter.

Where and how to send it

Address the letter to the landlord's or tenant's address shown on the lease, or to the management company if it manages the building. If you already communicate by email, a certified email produces a timestamped report of sending and delivery; otherwise, registered mail or a bailiff remain the prudent choices. The 4 sending methods compared.

Send your demand letter by certified email

After the demand letter

If the other party complies, keep the letter and the proof of compliance in case the problem comes back. If they dispute it, keep their reply: it becomes part of the file. If they do nothing within the deadline, you can file an application with the Tribunal administratif du logement with the demand letter and its proof of receipt. Most claims are prescribed by three years (art. 2925 C.C.Q.), but acting quickly keeps the evidence fresh.