Formal notice letter for unpaid rent

Cabinet avocat-montreal.ca
1234 Sainte-Catherine Street West
Montreal, Quebec H3G 1P1
Phone: 514-555-1234
Email: contact@avocat-montreal.ca

Montreal, June 27, 2024

To:
Ms. Julie Tremblay
4567 Avenue du Parc
Montreal, QC H2V 4E9

File reference: AMD-20240627-9843

Re: Formal notice – payment of rent

We hereby send you a formal notice regarding the non-payment of your rent for the dwelling located at 4567 Avenue du Parc, Montreal. Despite our previous reminders, several months of rent remain unpaid, which is a serious breach of your obligations as a tenant. The purpose of this letter is to require you to regularize your situation as soon as possible.

Statement of facts

You are the tenant of the above-mentioned dwelling under a lease signed on January 1, 2023, for a monthly rent of $1,200 payable on the first day of each month. To date, the rent for April, May and June 2024, for a total of $3,600, has not been paid despite our many verbal and written requests.

This non-payment is a serious breach of your contractual obligations. The amount owed has been due since April 1, 2024, and no partial payment or proposed payment plan has been received to date.

Legal basis

Under article 1854 of the Civil Code of Québec (C.C.Q.), the tenant must pay the full rent according to the agreed terms. Failure to pay is a breach that justifies a formal notice under article 1606 C.C.Q., which provides for the resiliation of the lease in the event of serious non-performance. In addition, article 1458 C.C.Q.^[1] provides for liability for the damage caused by this breach.

Demands

• Pay without delay the total amount of $3,600 corresponding to the rent unpaid to date;
• Formally undertake to pay your future rent on time in order to comply with the terms of the lease;
• Provide us, within a firm deadline of ten (10) business days from receipt of this letter, with proof of payment or a payment plan accepted by our firm.

Should you fail to meet these demands within the time limit set, we will be forced to take legal action without further notice to compel payment and claim all related costs, including damages, interest on the amounts owed and legal fees.

We trust that you will understand the importance of this formal notice and avoid any escalation of the dispute that would harm your interests.

Mtre Jean-Laurent Dubois
Lawyer, 10 years of practice in civil litigation
Barreau du Québec

This letter is a formal notice under articles 1457 and following C.C.Q.

^[1] Legal references cited.