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Formal notice (mise en demeure) for insufficient heating

A dwelling that cannot be adequately heated through a Québec winter is not habitable. The landlord's obligation flows from article 1854 of the Civil Code of Québec: to warrant that the dwelling may be used for the purpose for which it was leased, and to maintain it accordingly. Unlike most demand letters, this one can allow a very short deadline (a few days, or even 48 hours) because the urgency justifies it.

Record the temperatures with a thermometer, note the dates and times, and photograph the display. Then fill in the template below and send it with proof of receipt: in an emergency, certified email has the advantage of arriving instantly.

Not enough heat in winterBroken heating systemHeating cut off by the landlord

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Your first and last nameYour full addressRecipient's first and last nameRecipient's addressAddress of the dwelling concernedLease start dateHow long has the problem lasted?Description of the situationNote the temperatures recorded and the dates you reported them.Time allowedIn winter, a very short deadline is justified: this is a question of habitability.Your phone numberYour email

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Preview · without prejudiceTenant

your first and last name your full address today's date WITHOUT PREJUDICE recipient's first and last name recipient's address Re: Formal notice (mise en demeure): insufficient heating (urgent) Dear Sir or Madam, I am the tenant of the dwelling located at address of the dwelling concerned, under a lease in effect since lease start date. Since how long has the problem lasted?, the following situation has persisted: description of the situation. Under article 1854 of the Civil Code of Québec, you are bound to warrant that the dwelling may be used for the purpose for which it was leased and to maintain it accordingly, which includes adequate heating in every season. Given the urgency of the situation, BY THIS DOCUMENT, I HEREBY GIVE YOU FORMAL NOTICE (MISE EN DEMEURE) to restore adequate heating to the dwelling within time allowed of receipt of this letter. Should you fail to act within the time allowed, I will file, without further notice or delay, an application with the Tribunal administratif du logement (Québec's rental housing tribunal), and I reserve the right to take any necessary protective measures, the whole without prejudice to my other rights and recourses. Please govern yourself accordingly. your first and last name your phone number your email

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$14.99 · Less than registered mail, with proof of content and receipt · Conforms to the LCCJTI

General information template: Locato is not a law firm and does not provide legal advice.

What the law says

Art. 1854 C.C.Q.

The lessor must warrant that the dwelling may be used for the purpose for which it was leased, which includes adequate heating.

Frequently asked questions

What minimum temperature must a dwelling maintain?

The law does not set a single temperature for all of Québec, but several municipal by-laws require a minimum of around 21 °C. A dwelling that cannot be kept at a comfortable temperature in winter fails the purpose for which it is leased (art. 1854 C.C.Q.).

Can I buy space heaters and be reimbursed?

Keep all your receipts: reasonable expenses incurred because of the heating failure can be claimed before the Tribunal administratif du logement, with your demand letter as evidence.

Is 48 hours a valid deadline for a demand letter?

The demand must allow the debtor “sufficient time for performance, having regard to the nature of the obligation and the circumstances” (art. 1595 C.C.Q.). For a heating failure in the dead of winter, a deadline of 24 to 72 hours is defensible: the urgency is part of the circumstances.

What if the landlord doesn't restore the heating in time?

File an application with the Tribunal administratif du logement as soon as the deadline passes, and take reasonable protective measures to keep warm if needed. Keep the receipts for space heaters or temporary rehousing: they can be claimed.

Can I send this demand letter by email?

Yes, and in an emergency that's an advantage: certified email arrives instantly, unlike regular mail. Quebec's Act to establish a legal framework for information technology (LCCJTI) recognizes transmission by technological means and a certified service produces timestamped proof of it; the recipient must use email as a usual means of communication.