Late rent: what recourse do you have?

As a landlord, it is important to stipulate the terms of payment of rent on the lease, namely the amount of the rent, the method of payment, to whom the rent will be paid and of course, the date of payment. Unpaid rent after the day agreed upon in the lease is considered late rent.

According to article 1971 of the Civil Code of Quebec (C.C.Q.): 1971. The lessor may obtain the resiliation of the lease if the lessee is over three weeks late in paying the rent or, if he suffers serious injury as a result, where the lessee is frequently late in paying it.

However, a landlord should be aware that to win a case before the Tribunal administratif du logement, he or she must show that he or she has suffered prejudice. For example, the landlord must show that the late rent is causing personal financial hardship. Also, a tenant who is awaiting judgment after receiving a notice of termination of a lease may be able to have the judgment set aside if he or she pays his or her debts and interest before the judgment is rendered.