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Formal notice (mise en demeure) to a tenant disturbing others' enjoyment

When a tenant disrupts the life of the whole building, the landlord is caught between two fires: the other tenants can turn against them if they fail to act: their obligation to provide peaceable enjoyment (art. 1854 C.C.Q.) requires it, and the tenant at fault will not change anything without formal pressure. Article 1860 of the Civil Code of Québec gives you the tool: a tenant must act in such a way as not to disturb the normal enjoyment of the other tenants, on pain of resiliation of their lease.

The demand letter (mise en demeure) is the pivotal step: it proves the tenant was clearly warned and that the disturbances continued. Collect the neighbours' written complaints before sending it.

Repeated complaints from other tenantsExcessive noise, parties, late-night disturbanceAggressive behaviour in the building

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Your first and last nameYour full addressRecipient's first and last nameRecipient's addressAddress of the rented dwellingLease start dateDescription of the disturbancesPrecise dates and the nature of the complaints received.Time allowed10 days is generally considered reasonable; shorter in an emergency.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): disturbances to the other occupants' enjoyment 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. I have received complaints about the following: description of the disturbances. I remind you that, under article 1860 of the Civil Code of Québec, a tenant is bound to act in such a way as not to disturb the normal enjoyment of the other tenants, and that, in the event of a violation of this obligation, the landlord may apply for resiliation of the lease. BY THIS DOCUMENT, I HEREBY GIVE YOU FORMAL NOTICE (MISE EN DEMEURE) to cease this behaviour immediately and to respect the other occupants' normal enjoyment of the premises, as of receipt of this letter and within a maximum of time allowed. Should you fail to comply with this notice, 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 your lease 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. 1860 C.C.Q.

A lessee must act so as not to disturb the normal enjoyment of the other lessees; failing that, the lessor may apply for resiliation of the lease.

Frequently asked questions

Are the neighbours' verbal complaints enough?

Ask the complaining tenants to document the incidents in writing (email, letter) with dates and times. Before the TAL, written complaints made at the time of the events, backed by witness statements, carry far more weight.

Can I resiliate the lease directly if the tenant doesn't change?

No: only the Tribunal administratif du logement can order resiliation (art. 1860 C.C.Q.). Your file: written complaints, a demand letter with proof of receipt, and evidence that the disturbances continued after the warning.

How much time should I allow in the letter?

Allow a reasonable time for the behaviour to stop: often around ten days, or immediately for a serious, ongoing disturbance. Article 1595 of the Civil Code of Québec requires a sufficient time having regard to the nature of the disturbance and the circumstances.

The tenant disputes the complaints. Is the demand letter still useful?

Yes. Even when disputed, the demand letter establishes a date from which the tenant was aware of the complaints. Before the Tribunal administratif du logement, it is the written complaints made at the time of the events and the concrete evidence that will decide the matter.

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.