Letter requesting the refund of an illegal security deposit Quebec
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Free template to adapt to your situation: replace the sample information (names, addresses, dates, amounts, references) with your own.
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[Your first and last name]
[Address of the dwelling]
[Phone / email]
[City], [date]
BY REGISTERED MAIL
[Landlord’s name]
[Address]
Re: Refund of the security deposit – dwelling located at [address]
Dear Sir or Madam,
When signing the lease of [date] for the dwelling located at [address], I paid you, on [date], the sum of $[amount] as a [security deposit / damage deposit / key deposit], in addition to the first month’s rent (receipt attached).
Under the Civil Code of Québec, a landlord of a residential dwelling may require no payment in advance other than the first month’s rent, and any clause providing otherwise is without effect.
I therefore request that you refund the sum of $[amount] no later than [date, e.g. 10 days], by [payment method]. [Alternatively, I propose that this amount be applied to the rent for the month of ___.]
Failing this, I will apply to the Tribunal administratif du logement to recover this amount, with interest and the additional indemnity.
Sincerely,
[Signature]
[First and last name]
Free, no sign-up. Replace the sample information with your own.
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Drafting notes
- Article 1904 C.C.Q.: the lessor may not exact any amount other than the rent, which may be paid in advance only for the first payment period (one month); any security deposit for a dwelling is prohibited.
- The tenant may claim reimbursement before the TAL; a tenant who agreed to the deposit has not waived this public-order protection.
- Different rules apply to commercial leases, where security deposits are lawful.
How to use this template
- Download the letter in Word or PDF with the button above.
- Adapt it to your situation: your contact information, the recipient’s, the facts, dates and amounts.
- Send it and keep a dated copy.
About the author
Sonia Pin Legal counsel, business law
Sonia Pin is a legal professional specializing in business law and commercial litigation. She drafts and updates the contract and letter templates published on Avocat Montréal, with a focus on Quebec civil law (Civil Code of Québec) and the practical requirements of the courts and administrative tribunals.
