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Formal notice (mise en demeure) for the refund of an illegal deposit

In Québec, a security deposit is illegal : full stop. Article 1904 of the Civil Code of Québec prohibits the landlord from exacting any sum other than the rent, “in the form of a deposit or otherwise,” and even prohibits them from demanding postdated cheques. A deposit for the keys, for pets, a “damage guarantee,” the last month paid in advance: all of these practices, common elsewhere in Canada, are contrary to Québec law.

If you paid such a deposit, you can claim it back : even during the lease, even if you agreed to it at signing. Fill in the template below and send it with proof of receipt.

Security deposit required at signingDeposit for keys or petsLast months' rent demanded in advancePostdated cheques required

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Your first and last nameYour full addressRecipient's first and last nameRecipient's addressAddress of the dwelling concernedLease start dateAmount paidDate paidContext of the paymentTime 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): refund of a sum collected illegally 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 paid, I paid you the sum of amount paid context of the payment. However, article 1904 of the Civil Code of Québec prohibits the lessor from exacting any amount of money other than the rent, in the form of a deposit or otherwise, and also prohibits the lessor from exacting in advance more than the payment of the first payment period's rent. BY THIS DOCUMENT, I HEREBY GIVE YOU FORMAL NOTICE (MISE EN DEMEURE) to refund me the sum of amount paid within time allowed of receipt of this letter. Should you fail to refund me 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 that sum, with interest, the whole without prejudice to my other rights and recourses. Please govern yourself accordingly. your first and last name your phone number your email

Send by certified email with proof

$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. 1904 C.C.Q.

The lessor may not exact any sum as a deposit or otherwise beyond the first payment period's rent, nor demand postdated cheques.

Frequently asked questions

I agreed to pay the deposit when I signed the lease. Can I still claim it back?

Yes. The prohibition in article 1904 C.C.Q. is a matter of public order: your consent does not make the deposit legal. You can ask the TAL for a refund.

Can the landlord demand the first month in advance?

Yes, and only that. Article 1904 allows them to require payment of the first payment period's rent in advance (usually the first month), and nothing more.

And if the landlord refuses to refund?

File an application to recover the sum with the Tribunal administratif du logement, with your demand letter and proof of payment. Filing an application of this kind costs little and does not require a lawyer.

Can the landlord require postdated cheques?

No. Article 1904 of the Civil Code of Québec prohibits the lessor from demanding postdated cheques, just as it prohibits a deposit. You are not required to provide any, and the landlord cannot make payment by postdated cheque a condition of the lease.

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.