Free template
Formal notice (mise en demeure) for repairs not carried out
A landlord who neglects repairs is failing a basic obligation of the lease: article 1854 of the Civil Code of Québec requires them to deliver the dwelling in a good state of repair and to maintain it throughout the term of the lease. The demand letter (mise en demeure) is the tool that turns your ignored verbal requests into a formal step, and it is the document the Tribunal administratif du logement will want to see if you have to file an application.
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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
The lessor must deliver the dwelling in a good state of repair and maintain it throughout the term of the lease.
Non-performance lets you apply for specific performance of the work, damages or a reduction of rent.
Frequently asked questions
How much time should I allow for repairs?
A deadline of 10 days is generally considered reasonable. For an urgent repair that affects habitability (a major leak, no hot water), a shorter deadline can be justified. For major work, allow a proportionate amount of time.
Can I withhold my rent if the landlord doesn't make repairs?
No. Withholding rent without the tribunal's authorization can backfire on you. The right recourse is the demand letter, then an application to the TAL to obtain performance of the work, a reduction of rent or damages (art. 1863 C.C.Q.).
What if the landlord ignores the demand letter?
Once the deadline has passed, file an application with the Tribunal administratif du logement. Your demand letter and its proof of sending show that you acted in good faith and gave the landlord a chance to correct the situation.
The landlord promises to deal with it, but nothing happens. What now?
Put your request in writing with a firm deadline in the demand letter. Repeated verbal promises with no result justify this formal step: if the deadline passes without the work being done, file an application with the Tribunal administratif du logement, with the letter and its proof of sending.
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.
Other demand letter templates
- Formal notice (mise en demeure) for mould or an unfit dwelling
- Formal notice (mise en demeure) for insufficient heating
- Formal notice (mise en demeure) for loss of peaceful enjoyment
- Formal notice (mise en demeure) for the refund of an illegal deposit
- Formal notice (mise en demeure) for unpaid rent
- Formal notice (mise en demeure) for frequent late payments
- Formal notice (mise en demeure) to a tenant disturbing others' enjoyment
- Formal notice (mise en demeure) for a latent defect
- Demand letters for housing: the complete guide