FinThe payment of the rent during a procedure of non-payment: what one should and what one should not do.ancing your renovations

Published on by Me Jean-Olivier Reed

Topic(s): Regulation

Source: Messier Soucy Avocats

FinThe payment of the rent during a procedure of non-payment: what one should and what one should not do.ancing your renovations
As an owner of a revenue-generating building, the payment of the rent constitutes the most current transaction that you carry out. Nevertheless, certain subtleties of this procedure can create important inconveniences to you.

Indeed, during a procedure of nonpayment of rent, it frequently happens that the tenant passes by to make a payment.

In this context, it is preferable to make sure that the payment carried out at this time represents the oldest debt. Be sure that the receipt or the cheque reflects this situation well and specify, verbally as well as on the receipt, that the reception of the payment does not constitute a renunciation of your rights, in particular a renunciation of the request of cancellation of the lease which you have introduced before the Régie du Logement.

If you receive the payment by cheque, take care to indicate on the receipt that the payment is made by cheque in order to avoid that the tenant claims that he also paid an amount of money cash.

On the day of the hearing, if the rent is not overdue by more than three weeks and when it is about the only reason for cancellation called upon in the request, the lease will not be cancelled. If the rent is paid completely, you have the right to require a decision to recover the expenses of opening a file as well as part of the expenses of notification.

Moreover, according to article 1883 of the Civil code of Quebec, the tenant can avoid the cancellation of the lease if he pays the rents due, the expenses of the request and the interests before the judge signs the judgment. If the rent was paid before the date of signature of the decision, (and not the date of the hearing of the request) you cannot evict your tenant. This will normally be registered by handwriting on the judgment that you will receive by mail. It will be up to you to check if the payment made by the tenant during this buffer period was before or after the date of the judgment.

If this situation reproduces itself regularly you can submit a request for cancellation of the lease because of the frequent delay in the payment of the rent. The Director of the Régie will be able then, even if all the rents have been paid, to cancel the lease for the frequent delay in the payments or emit an ordinance to this end. In this case however, the cancellation is not automatic. You will have to show that the frequent delay in the payment of the rent causes you serious damage.

We invite you to consult the article of Me Soucy on the protestation of a cheque to avoid getting yourself trapped by comments that accompany a cheque.

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