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

  1. Download the letter in Word or PDF with the button above.
  2. Adapt it to your situation: your contact information, the recipient’s, the facts, dates and amounts.
  3. Send it and keep a dated copy.
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Sonia Pin

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.

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