A tenant who is not paying: here is exactly what to do, step by step

It is one of the most stressful situations for a small-plex owner: the rent does not come in, the days pass, and worry rises. Breathe: there is a clear process to follow, and you are not helpless.

First reflex: document everything, right away.

From the first late payment, note the date, keep a written record of your communications (texts, emails) and avoid verbal-only agreements. This documentation becomes your best tool if the file has to go further.

An occasional late payment is not the only situation covered. Frequent delays, even if they always end up being paid, can also be reported to the TAL and lead to lease termination, if they cause real harm (fees, recurring financial worries). It is not automatic like a delay of more than three weeks: you must prove it, which brings us back to the importance of noting everything from the first late payment, even minor.

The legal steps, in order.

Communicate first, calmly, to understand the situation. Sometimes a simple accommodation settles everything.

If the rent remains unpaid, or if frequent delays persist despite your notices, an application can be filed with the Tribunal administratif du logement. A delay of more than three weeks automatically opens the door to a lease termination application, without the judge having to assess anything other than the delay.

What to expect, in summary. Prepare your file (lease, communications, exact calculation of amounts owed), file the application (filing fees apply, generally between $90 and $180 depending on the type of application), then the tenant must be officially notified of the application. Then, the wait: count often several months before the hearing, the TAL being a very busy tribunal. Once heard, the administrative judge can render their decision the same day or in writing in the following weeks.

What you must never do.

Changing the locks, cutting the electricity or water, or removing the tenant’s belongings yourself: these are prohibited acts that can turn against you, even if the tenant is clearly at fault. The legal route, though it requires patience, protects your rights and avoids making the situation worse.

Choosing the tenant well from the start: the best prevention.

The most effective way to never live through this situation is a rigorous selection from the application stage, applied the same way to all candidates. A credit check with the candidate’s written consent, proof of income (pay stubs or employer letter), and a call to a previous landlord together reveal the vast majority of risks before signing. Judicial records are a more delicate subject, regulated by law to avoid discrimination: it is better to inform yourself with a professional before including them in your process.

More than one name on the lease: the situations that complicate everything.

Roommates on the same lease are responsible for the rent according to the lease terms: each for their share, or jointly and severally (each can be sued for the total) if a joint liability clause is provided, which is common. If a roommate leaves but their name stays on the lease, they generally remain responsible, unless there is a formal agreement with you to remove them.

Subletting and lease assignment are two different tenant rights: in subletting, the original tenant stays responsible for the lease; in assignment, they are generally released once the assignment is accepted. In both cases, you have 15 days to respond to an official request, otherwise your consent is presumed.

A tenant’s death does not end the lease automatically: it continues until its term. The liquidator of the estate, or an heir, can end it with two months’ notice, within six months of the death. A person who cohabited with the deceased can also become the new tenant if they stay in the unit and notify you within two months.

Incarceration, long-term hospitalization or a prolonged trip do not give an automatic right to break the lease: the tenant remains responsible, and subletting or assignment remain their best tools to free themselves temporarily. An exception exists for a person who must move to an adapted residence due to loss of autonomy, with notice and often a medical certificate.

Belongings left in the unit after a departure cannot be thrown away immediately, even if the tenant seems gone for good. The law requires you to keep them, at your expense, and notify the former tenant: they then have 90 days to retrieve them (reimbursing you the storage costs). Only after that delay can you legally sell, donate or dispose of them.

How to limit the damage during the process.

Keep documenting every exchange. If the climate allows, keep the door open to an amicable agreement: a negotiated departure is often faster and cheaper than a full procedure.

What to remember.

A tenant who is not paying, or a lease situation that gets complicated, is almost never a dead end: these are situations with a clear procedure to resolve them. The earlier you act, the more you document, and the more rigorously you select from the start, the less you live through this kind of file.