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Formal notice (mise en demeure) for unpaid rent

Faced with unpaid rent, the law is clear: article 1971 of the Civil Code of Québec allows the landlord to obtain resiliation of the lease as soon as the delay exceeds three weeks. But before filing your application with the Tribunal administratif du logement, a written demand letter (mise en demeure) is the way to go: it puts an exact figure on the debt, sets a deadline for payment and shows your good faith: three things the tribunal will appreciate.

Many files settle at this stage: a tenant who receives a formal demand letter understands that the next step is the tribunal. Fill in the template below and send it with proof of receipt.

One or more months of rent unpaidPartial rent paymentBounced cheque

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Your first and last nameYour full addressRecipient's first and last nameRecipient's addressAddress of the rented dwellingLease start dateMonthly rentMonths unpaidTotal amount owedTime allowed10 days is generally considered reasonable; shorter in an emergency.Your phone numberYour email

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Preview · without prejudiceLandlord

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): unpaid rent Dear Sir or Madam, You are the tenant of the dwelling located at address of the rented dwelling, under a lease in effect since lease start date, at a monthly rent of monthly rent. To date, the rent for months unpaid remains unpaid, for a total sum of total amount owed, despite my reminders. I remind you that, under article 1971 of the Civil Code of Québec, the lessor may obtain resiliation of the lease if the lessee is over three weeks late in paying the rent. BY THIS DOCUMENT, I HEREBY GIVE YOU FORMAL NOTICE (MISE EN DEMEURE) to pay me the sum of total amount owed within time allowed of receipt of this letter. Should you fail to pay the sum owed 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) to recover the rent owed, with interest and costs, and, where applicable, to obtain resiliation of the lease, 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. 1971 C.C.Q.

The lessor may obtain resiliation of the lease if the lessee is over three weeks late in paying the rent.

Art. 1595 C.C.Q.

The demand must be made in writing and allow a sufficient time for performance.

Frequently asked questions

After how much of a delay can I apply for resiliation of the lease?

As soon as the delay exceeds three weeks, article 1971 C.C.Q. lets you apply to the TAL for resiliation. Note: if the tenant pays the rent owed before judgment, with interest and costs, resiliation can be avoided.

Can I change the locks or cut off services?

Never. Only the Tribunal administratif du logement can order resiliation of the lease and eviction. Taking the law into your own hands exposes you to damages.

Is a demand letter mandatory before going to the TAL for unpaid rent?

It is not always strictly required for an application to recover a debt, but it is strongly recommended: it establishes the debt in writing, offers a final chance to pay and strengthens your file.

How much time should I give the tenant to pay?

A deadline of 10 days is generally considered reasonable to allow payment. Article 1595 of the Civil Code of Québec requires a sufficient time for performance having regard to the circumstances; for a sum of money already owed, ten days usually suffices.

Can I send this demand letter by email?

Yes. Quebec's Act to establish a legal framework for information technology (LCCJTI) recognizes the transmission of documents by technological means, and a certified email service produces timestamped proof of it. It is important that the tenant use email as a usual means of communication with you.