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Formal notice to your landlord for noise or loss of peaceful enjoyment (mise en demeure)
Short answer
The landlord must provide the tenant with peaceable enjoyment of the dwelling throughout the lease (art. 1854 C.C.Q.). Faced with excessive noise, harassment or repeated interference, the demand letter requires in writing a return to peaceable enjoyment within a set deadline, usually 10 days. Non-performance then lets the tenant claim damages and a rent reduction (art. 1863 C.C.Q.).
The peaceful enjoyment of your home is not a luxury: it is a landlord obligation set out in article 1854 of the Civil Code of Québec, which applies throughout the term of the lease. Tolerated excessive noise, intrusions, harassment, pressure to make you leave: in all of these cases, the demand letter (mise en demeure) forces the landlord to take a position in writing.
Keep a log of the incidents (dates, times, duration, witnesses) before sending your letter: it is that record, together with a demand letter that went unanswered, that will convince the tribunal.
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General information template: Locato is not a law firm and does not provide legal advice.
What the law says
The lessor must provide peaceable enjoyment of the dwelling throughout the term of the lease.
Non-performance lets you apply for damages and a reduction of rent.
Frequently asked questions
Is the landlord responsible for noise from other tenants?
The landlord must provide peaceable enjoyment of the dwelling (art. 1854 C.C.Q.). When another tenant in the building causes a serious disturbance, you can require the landlord to act: the law in fact gives them recourses against the tenant at fault, up to resiliation of that tenant's lease.
What counts as harassment by the landlord?
Repeated visits with no reason or notice, threats, cutting off services, insistent pressure to make you sign a resiliation or leave the dwelling. Document each incident and set them out factually in your demand letter.
What compensation can I ask for?
The TAL can grant a reduction of rent proportionate to the disturbance suffered, as well as damages (art. 1863 C.C.Q.). The compensable period often begins when the landlord was informed, which is why a dated demand letter matters.
How much time should I allow in the letter?
A deadline of 10 days is generally considered reasonable to put a stop to the disturbance. For a serious, ongoing situation, a shorter deadline can be justified. What matters is that it be sufficient having regard to the nature of the obligation and the circumstances (art. 1595 C.C.Q.).
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 to your landlord for repairs not carried out (mise en demeure)
- Formal notice to your landlord for mould or an unfit dwelling (mise en demeure)
- Formal notice to your landlord for insufficient heating (mise en demeure)
- Formal notice to your landlord for the refund of an illegal deposit (mise en demeure)
- 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