Unpaid rent in Quebec: what a landlord can (and can't) do

In short

Unless agreed otherwise, rent is paid on the first day of each term, in equal instalments of no more than one month (art. 1903 C.C.Q.).
When rent is more than 3 weeks late, the landlord can ask the TAL to terminate the lease and evict the tenant (art. 1971).
Frequent late payments can also justify termination, but only if they cause the landlord serious harm.
The tenant avoids termination by paying, before judgment, the rent owed plus interest and costs (art. 1883).
Changing the locks, evicting the tenant yourself or seizing their belongings is forbidden: only a bailiff enforces a TAL decision.

When is rent late?

Unless agreed otherwise, rent is paid in equal instalments of no more than one month (the last one can be smaller), on the first day of each term (arts. 1903 and 1904 of the Civil Code of Québec, C.C.Q.). For a monthly lease, that means the 1st of each month. The tenant is in default the next day.

Rent is payable at the tenant's home unless agreed otherwise (art. 1566). If the lease provides for a transfer or another payment method, that agreement governs.

A clause making all the remaining rent of the lease due as soon as one payment is missed has no effect (art. 1905). You claim what is due, not the months to come.

More than 3 weeks late: applying for termination

When the tenant is more than 3 weeks late, you can ask the Tribunal administratif du logement (TAL), Québec's housing tribunal, for termination of the lease (résiliation) and eviction of the tenant (art. 1971). You can also claim the rent owed there.

Frequent late payments

A tenant who always pays, but often late, can also have the lease terminated. You then have to show that the frequent late payments cause you serious harm (arts. 1863 and 1971): mere inconvenience isn't enough.

The tenant can still pay

The tenant avoids termination by paying, before judgment, the rent owed plus interest and costs (art. 1883). An application over a single late payment is therefore often settled by payment; frequent late payments that cause you serious harm remain a separate ground.

Recovering the money

Unpaid rent is claimed at the TAL. The interest a tenant must add to avoid termination (art. 1883) is calculated at the rate set under section 28 of the Loi sur l'administration fiscale (Tax Administration Act), or at a lower agreed rate.

If the lease is terminated, the tenant remains liable for lost rent and costs until the unit is re-rented.

A landlord doesn't enforce a TAL decision personally. The eviction is carried out by a bailiff (huissier), who serves a notice of execution at least 5 days in advance. After the eviction, it's also the bailiff who can sell furniture left behind for the creditor's benefit, give it to a charity or otherwise dispose of it.

What you can't do

Change or add a lock, or any other device restricting access to the unit, without the consent of both parties (art. 1934).
Evict the tenant yourself: you need a TAL decision, enforced by a bailiff.
Seize or remove their belongings yourself.
Demand all future rent at once: a clause providing for it has no effect (art. 1905).
Harass the tenant to push them out: the TAL can award punitive damages (art. 1902).

No security deposit to cover you in advance either: the law forbids it. See what a landlord can require.

Keeping a solid file

At the TAL, you'll have to show what is owed and since when. For each unit, keep:

the lease, with the rent, the payment date and the agreed payment method;
an up-to-date statement of account: each rent invoiced, each payment received, its date and method;
the date of each late payment, to show frequent lateness if it comes to that;
dated copies of your reminders and letters.

A written reminder in the first days of a late payment leaves a trail and often settles the matter before it reaches 3 weeks.

Common questions

How many days late before I can go to the TAL?

The tenant is in default the day after the due date, and you can claim the rent from then. To ask for termination of the lease, the rent must be more than 3 weeks late (art. 1971).

Can I change the locks if the tenant doesn't pay?

No. Changing or adding a lock requires the consent of both parties (art. 1934), and only a TAL decision, enforced by a bailiff, allows an eviction.

The tenant paid everything after I applied. Is the lease still terminated?

If they pay, before judgment, the rent owed plus interest and costs, they avoid termination (art. 1883). Frequent late payments that cause you serious harm can still justify termination, however.

Can I demand all the remaining rent of the lease after a late payment?

No. A clause making future rent due as soon as a payment is late has no effect (art. 1905).

An evicted tenant left furniture behind. What do I do with it?

It's not for the landlord to dispose of it. After the eviction, the bailiff can sell it for the creditor's benefit, give it to a charity or otherwise dispose of it.

Glossary terms

Official sources

General information, not legal advice

This page summarizes the rules in force in Québec on the update date shown, for information only. It does not replace advice from a lawyer, notary or accountant, nor the official texts: when in doubt, rely on the sources above and on the Tribunal administratif du logement.