It is important to stipulate the terms of payment of rent on the lease, namely the amount of rent, the method of payment, the place and of course, the date of payment. Did you know that unpaid rent after the day agreed to in the lease is considered late? Even if this constitutes a default by the tenant, a landlord can only ask for the rent to be recovered.

However, it is different when the rent is more than three weeks late. According to article 1971 Civil Code of Quebec (C.C.Q.):

The lessor may obtain the termination of the lease if the lessee is over three weeks late in paying the rent or, if he suffers serious injury as a result, where the lessee is frequently late in paying it.

Also, with respect to frequent late payments, a landlord should be aware that to succeed before the Tribunal administratif du logement, the landlord must demonstrate that he or she is suffering prejudice. For example, a landlord must prove that a late rent is causing financial or management problems. It is also important to know that a tenant who is awaiting judgment after receiving a notice of termination of a lease can have the judgment set aside by paying his or her debts, costs, and interest before the judgment is rendered. Once the judgment is rendered, the tenant can no longer have the judgment set aside even if he or she pays the debts and interest.