Tenant left without notice or damaged the unit: what to do next
Steps to secure the unit, preserve evidence, re-rent promptly, and claim supported losses.
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How do you confirm departure without taking possession unlawfully?
A quiet unit or unpaid rent alone does not prove abandonment. Try the agreed contact methods, record dates, check whether keys were returned, and gather objective indicators without intrusion. If possession remains uncertain, ask the TAL or a legal professional whether an order is required before taking the unit back.
Where an urgent risk exists — water, heating failure, an open door, or danger to the building — intervene only as necessary to secure the premises and record the reason, time, and people present. Do not discard belongings casually: abandonment of the lease and abandonment of every item are separate questions.
Once possession is lawfully recovered, secure access, record meter readings, photograph every room before cleaning, and inventory remaining property. A neutral witness or professional report strengthens the chronology.
How do you separate damage, cleaning, and ordinary wear?
Article 1890 of the Civil Code of Québec requires the tenant to return the premises in the condition received, except for changes caused by age, ordinary wear, or superior force. Normally aged paint is therefore different from a deliberately punctured wall or equipment broken through negligence.
Compare move-out condition with move-in photographs and reports. For each item, record its age, previous condition, observed damage, chosen repair, and invoice. The claim should reflect actual loss; replacing an already depreciated item with a new one does not automatically justify charging the full replacement cost.
Keep original dated photographs, video, witness evidence, reports, estimates, invoices, and payment proof. If urgent work cannot wait for a hearing, document the condition before anyone begins repairs or cleaning.
Which rent losses and expenses may be claimed?
The TAL provides an application for re-rental indemnity and damages for claims following abandonment. Depending on the evidence, a landlord may claim lost rent, reasonable re-rental costs, and tenant-caused property damage.
The landlord must mitigate: advertise promptly, allow visits, retain application records, and explain the actual re-rental date. Keeping a unit vacant by choice or renovating it for an unrelated project may reduce the period attributable to the former tenant.
Send an itemized statement to the last known address and any new address obtained lawfully. If identity, possession, remaining belongings, or the amount is disputed, obtain legal advice before disposing of property or filing the claim.
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