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Formal notice (mise en demeure) for frequent late payments

A tenant who pays (but always late) puts the landlord in a frustrating grey zone. Article 1971 of the Civil Code of Québec answers it: resiliation of the lease can be obtained where frequent late payments cause serious injury to the lessor. But it has to be documented. The demand letter (mise en demeure) plays a double role here: it requires payment when due going forward, and it forms the written record that will establish the repetitive nature of the delays before the tribunal.

Rent systematically paid lateRepeated reminders needed every month

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Your first and last nameYour full addressRecipient's first and last nameRecipient's addressAddress of the rented dwellingLease start dateMonthly rentHistory of the late paymentsList the months concerned and the number of days late.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): frequent late payment of 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, payable on the first day of each month. I note repeated delays in the payment of the rent: history of the late payments. I remind you that, under article 1971 of the Civil Code of Québec, the lessor may obtain resiliation of the lease where they suffer serious injury as a result of the lessee's frequent late payments. BY THIS DOCUMENT, I HEREBY GIVE YOU FORMAL NOTICE (MISE EN DEMEURE) to pay your rent when due, that is, on the first day of each month, as of receipt of this letter. Should you fail to meet this obligation, I will file, without further notice or delay, an application with the Tribunal administratif du logement (Québec's rental housing tribunal) to obtain resiliation of the lease and any other appropriate recourse, 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.

Resiliation can also be obtained where frequent late payments cause serious injury to the lessor.

Frequently asked questions

What is “serious injury” caused by late payments?

It is a question of fact: a mortgage due on a fixed date, repeated collection efforts, bounced cheques. Keep a precise record of payment dates and hold on to your written reminders.

How many late payments before going to the TAL?

The law speaks of “frequent” delays without setting a number. In practice, a history documented over several months, preceded by a demand letter that went unanswered, makes for a solid file.

Does this letter apply if the rent always ends up being paid?

Yes, that is exactly its purpose. Article 1971 of the Civil Code of Québec allows resiliation of the lease where frequent late payments cause serious injury to the lessor, even if the rent is paid in full each time. The demand letter documents the repetitive nature of the delays.

What if the late payments continue after the demand letter?

File an application with the Tribunal administratif du logement seeking resiliation of the lease. The unanswered demand letter, together with your record of payment dates, establishes that the tenant was warned and that the delays persisted.

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.