Being a tenant
Demand letters: What you need to know
Your landlord’s not respecting their obligations and you’d like to send them a demand letter? Learn about the purpose of demand letters and how to write one.
What is a demand letter?
A demand letter (sometimes called a “formal notice”) is a letter in which you formally ask your landlord to solve a problem regarding your apartment.
Although sending a demand letter to your landlord is not always mandatory, it is usually a good practice to send one before taking legal action. This helps you show that you informed your landlord of the problem and gave them a reasonable time to solve it.
Demand Letters: What Are They? (Éducaloi)
Who can write a demand letter?
You can write a demand letter yourself. You could also ask a lawyer for assistance if you don’t feel comfortable doing it yourself.
What information should it contain?
A demand letter should have a letterhead, a body of text, and a conclusion.
In the body of the text, you should describe the problem and explain what the landlord could do to solve it. For example, you might ask them for a sum of money or to do certain things, such as raising the heat in your place.
You must also give the landlord a reasonable amount of time to act and specify this time in your letter.
Some other things should be included. You can consult the example provided by the ministère de la Justice to learn more.
Be polite and ensure your demands are reasonable and justified
Even if the situation is frustrating, you should remain polite. Stick to the facts and explain the situation honestly. Your demand letter could be used in court and read by a judge.
In the same spirit, make sure your demands are reasonable and justified.
No matter what, do not make threats. It is illegal to use threats or accusations to force someone to do something against their will. This is known as extortion, and it is a crime in Canada.
Resources to assist you
To get an idea of a what a reasonable demand is, you can consult the Summaries of decisions published by the Tribunal administratif du logement (TAL). These summaries enable you to compare your situation with that of other tenants and to evaluate your demands in light of these.
Other organizations can also assist you. Don’t hesitate to ask for the support of your nearest housing committee or a Community Justice Center.
The TAL itself can also answer your questions on rental housing law. You can reach a clerk by phone, by email or in person, with an appointment.
Sending your demand letter
There are different ways to send your demand letter. The key is to keep a copy and to have proof that your landlord received the letter. Such proof may be required in court.
To ensure you have proof of reception, you could use a bailiff or send the letter by registered mail. You could also send it by email, but you must make sure you have proof it was received.
If you would like to deliver the demand letter by hand, ask for your landlord’s signature on a copy of the letter as proof they received it.
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WARNING
The information presented on this page is not a legal opinion or legal advice. This page explains in a general way the law that applies in Quebec. To obtain a legal opinion or legal advice on your personal situation, consult a legal professional.