Unpaid rent at the TAL: judgment, second chance, and repeat application

Unpaid rent at the TAL: judgment, second chance, and repeat application

Rent is in default the day after it is due. After more than three weeks, the landlord may also seek lease termination and eviction. Full payment before judgment can prevent termination, however, and some decisions impose conditional relief. The exact operative terms of the judgment must be read before taking the next step.

When can a landlord file an unpaid-rent case?

According to Quebec's Tribunal administratif du logement, the tenant is in default the day after the agreed due date if full rent has not been received. The landlord may claim rent, interest, and filing costs. Once arrears exceed three weeks, the landlord may also request lease termination and eviction of the occupants.

What is the tenant's so-called second chance?

The most common rule is payment before judgment: a tenant can prevent termination by paying all rent due, costs, and interest before the decision is rendered. Opening a non-payment file therefore does not itself guarantee eviction.

How can the landlord limit losses while the case is pending?

Keep the rent ledger current, retain proof of every attempted payment, save communications, and document serious prejudice caused by repeated delays. Update the amount claimed when procedure permits and bring a transparent calculation to the hearing. Any payment plan should be written, dated, and explicit about its effect on the existing case.