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Formal notice (mise en demeure) for loss of peaceful enjoyment

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.

Excessive noise from another tenantUnjustified visits or intrusions by the landlordHarassment or pressure to leave the dwellingEndless or abusive work

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Your first and last nameYour full addressRecipient's first and last nameRecipient's addressAddress of the dwelling concernedLease start dateDescription of the disturbanceDates, frequency, times: the more precise, the stronger.What you are asking forTime 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): loss of peaceful enjoyment 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. I am currently subjected to the following disturbance: description of the disturbance. Under article 1854 of the Civil Code of Québec, you are bound to provide me with peaceable enjoyment of the dwelling throughout the term of the lease. That obligation requires you to act when this enjoyment is compromised. BY THIS DOCUMENT, I HEREBY GIVE YOU FORMAL NOTICE (MISE EN DEMEURE) to what you are asking for, 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 a reduction of rent and damages, 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. 1854 C.C.Q.

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

Art. 1863 C.C.Q.

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.