Non-payment of rent: the steps to recover what you're owed

What to do when your tenant doesn't pay rent?

Before starting legal proceedings, it's a good idea to reach out to your tenant directly. A late payment can be caused by a temporary financial hardship, an oversight or a banking problem. A phone call or a polite written message can sometimes be enough to settle the situation quickly and preserve the rental relationship.

If the tenant doesn't respond or the situation drags on, document every attempt to reach them. Keep the emails, text messages and letters you sent, and note the dates and times of your phone calls. This documentation will be essential if you eventually have to file an application with the TAL (Tribunal administratif du logement).

It's important to act quickly. The longer you wait, the more the unpaid rent piles up and the harder it becomes to recover what you're owed. Quebec law gives landlords effective remedies, but they have to be used within the appropriate deadlines to be fully effective.

• First reach out to the tenant directly (call, email, message).
• Document every attempt to make contact, with dates and content.
• Act quickly to avoid unpaid rent piling up.
• Keep all written exchanges as potential evidence.

The demand letter for non-payment of rent

A demand letter (mise en demeure) is not always required before applying to the TAL, but it is strongly recommended. It's a formal notice that puts the tenant on notice to pay the rent owed within a set time. This document shows the tribunal that you acted in good faith and gave the tenant the chance to put things right before resorting to legal proceedings.

Your demand letter must contain the following: the identification of the parties (landlord and tenant), the address of the dwelling, the details of the unpaid rent (months involved and amounts), the total amount claimed, a reasonable time to make the payment (usually 10 days), and the consequences of non-payment (filing an application with the TAL to terminate the lease and recover the amounts owed).

The time given in the demand letter must be reasonable. Ten days is generally considered enough for non-payment of rent. Send the demand letter by registered mail or by another means that lets you prove receipt, such as a certified email.

Filing an application with the TAL for non-payment

If the tenant doesn't pay within the time given in the demand letter, you can file an application with the TAL (Tribunal administratif du logement). The application form is available online on the TAL's website or at its offices. You can ask for both the recovery of the unpaid rent and the termination of the lease.

The evidence to provide in support of your application includes: a copy of the lease, the demand letter you sent and proof of its receipt, bank statements showing the missing payments, any correspondence exchanged with the tenant, and a detailed statement of the amounts owed, including any additional fees.

Processing times at the TAL vary depending on the tribunal's workload. For non-payment of rent, applications are generally treated as relatively urgent, with a hearing set within the weeks following the filing. Under article 1971 of the Civil Code of Québec, the tribunal can order the lease terminated if the tenant is more than three weeks late in paying rent.

• File your application online on the TAL's website or in person.
• Attach the lease, the demand letter and the proof of non-payment.
• Non-payment applications are treated as relatively urgent.
• Article 1971 C.c.Q. allows the lease to be terminated for rent more than 3 weeks late.

Building your non-payment file

A complete, well-organized file is the key to a successful application at the TAL. Gather all the relevant documents before filing your application. The stronger your file, the better your chances of getting a favourable decision quickly.

The essential pieces of your file include: the lease signed by both parties, the bank statements or rent receipts showing the missing payments, the copy of the demand letter with proof of sending and receipt, any correspondence exchanged with the tenant about the late payments, and a summary table of the amounts owed with the corresponding dates.

If this isn't the first time the tenant has been late, also include a record of the previous late payments. A pattern of recurring non-payment strengthens your position and can prompt the tribunal to terminate the lease rather than simply order payment.

• Lease signed by both parties.
• Bank statements proving the absence of payment.
• Demand letter and proof of receipt.
• Correspondence with the tenant.
• A record of prior late payments, if any.