1. The tenant's main obligation

The tenant has the obligation to pay the rent on the agreed date (as set out in clause C of the residential lease). This obligation arises notably from articles 1855 and 1903 of the Civil Code of Quebec.

If the tenant fails to comply with this obligation, the landlord may pursue various remedies before the Tribunal administratif du logement (TAL). Depending on the circumstances, the landlord may choose to claim recovery of the rent and/or seek termination of the lease. Termination may be obtained where there is default of more than three weeks, or where frequent late payments cause serious prejudice.
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2. Legal terms governing rent payment

Main references: articles 1903 to 1905 of the Civil Code of Quebec.

Payment frequency

Rent is due in equal instalments, generally on a monthly basis.

Due date

On the date set out in the lease (clause C).

Advance payment

The landlord may not require more than the first month's rent at the signing of the lease.

Security deposit

Prohibited in Quebec under article 1904 of the Civil Code of Quebec.

Place of payment

At the tenant's home, unless otherwise agreed.

Method of payment

As provided in the lease or agreed between the parties.

4. Default of more than three weeks (article 1971 of the Civil Code of Quebec)

When the tenant has been in default of paying the rent for more than three weeks after the due date, the landlord may, among other things, ask the TAL to:

  • terminate the lease;
  • evict the tenant;
  • order payment of the amounts owed as of the hearing date; and
  • award additional interest and indemnities under article 1619 of the Civil Code of Quebec.

If rent is due on the 1st day of the month, the key date to remember is the 23rd day of that month.

Rent unpaid for more than 3 weeks

Possible remedy: 

Termination of the lease can be considered.

Rent paid before or at the hearing

Possible remedy: 

Termination may be avoided, except in particular circumstances (article 1883 of the Civil Code of Quebec).

Partial payment

Possible remedy: 

Termination of the lease can be considered.

5. Frequent late payments (article 1971, paragraph 2 of the Civil Code of Quebec)

Even if the rent is eventually paid, repeated late payments may justify termination of the lease if they cause serious prejudice to the landlord.

The landlord must demonstrate:

  • the repetition of the late payments;
  • their frequent or systematic nature;
  • the existence of serious prejudice.

Examples recognized in case law:

  • payments systematically late every month;
  • the need to send repeated formal notices;
  • financial management problems caused to the landlord;
  • inability to meet the landlord's own financial commitments.

The elements to be proven are:

Frequent late payments

Explanation: 

Repeated non-payment on the agreed date.

Serious prejudice

Explanation: 

A real impact on the landlord's management or finances.

Link between the two

Explanation: 

The late payments directly cause the prejudice.

Formal notice template

A template formal notice (mise en demeure) for frequent late payments is available in our sample letters and forms.

Unlike non-payment lasting more than three weeks, lease termination is not automatic. It depends on the TAL’s assessment. Under article 1973 C.C.Q., the tribunal has the discretion to substitute the termination of the lease with an order requiring payment on the first day of every month.

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