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Formal notice (mise en demeure) for mould or an unfit dwelling

Mould is not a mere annoyance: a dwelling whose condition is a serious danger to the health or safety of its occupants is unfit for habitation within the meaning of article 1913 of the Civil Code of Québec. Before turning to the Tribunal administratif du logement or calling the municipal inspector, the demand letter (mise en demeure) formally establishes that the landlord knows about the problem and is refusing to act.

Document everything (dated photos, written exchanges, medical reports where applicable) then fill in the template below. You can send it right away by certified email with proof of receipt.

Mould stains or persistent odoursInfiltration and excess humidityPests or bedbugsHealth problems linked to the dwelling

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Your first and last nameYour full addressRecipient's first and last nameRecipient's addressAddress of the dwelling concernedLease start dateDate noticedDescription of the unsanitary conditionName the rooms affected and, where relevant, the effects on your health.Fixes requestedTime allowed10 days is generally considered reasonable; shorter in an emergency.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): mould and an unfit dwelling 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. On date noticed, I noticed the following problem: description of the unsanitary condition. I informed you of it, but the situation persists to date. I remind you that, under article 1854 of the Civil Code of Québec, you are bound to provide me with peaceable enjoyment of the dwelling and to maintain it throughout the term of the lease. Article 1913 further provides that a dwelling whose condition is a serious danger to the health or safety of its occupants is unfit for habitation. BY THIS DOCUMENT, I HEREBY GIVE YOU FORMAL NOTICE (MISE EN DEMEURE) to fixes requested, 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) to obtain performance of the work, a reduction of rent and damages, and I reserve the right to report the situation to the competent authorities, 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. 1913 C.C.Q.

The lessor may not deliver a dwelling unfit for habitation: one whose condition is a serious danger to health or safety.

Art. 1854 C.C.Q.

The lessor must provide peaceable enjoyment of the dwelling and maintain it throughout the term of the lease.

Frequently asked questions

Can I move out because of the mould?

A dwelling unfit for habitation (art. 1913 C.C.Q.) can justify significant recourses, including abandoning the dwelling under the conditions set out in the law. That is a decision with serious consequences: send a demand letter first and get advice from the TAL or a housing committee before acting.

Who proves the dwelling is unsanitary?

The burden is on the person who alleges it. Dated photos, a municipal inspector's report, a medical opinion and witness statements all strengthen your file. An unanswered demand letter, for its part, proves the landlord's inaction.

Does the landlord have to pay for decontamination?

Maintaining the dwelling falls to the landlord (art. 1854 C.C.Q.), unless the mould results from your own doing. If you have to incur costs, keep the invoices: they can be claimed before the TAL.

What if the landlord does nothing after the demand letter?

Once the deadline has passed, file an application with the Tribunal administratif du logement and, if the unsanitary condition persists, report it to your city's municipal inspector. Your unanswered demand letter proves the landlord's inaction.

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 recipient use email as a usual means of communication.