Failure of the sub-tenant to pay the rent

Whether you’re going on vacation, taking a trip back home, going on exchange or any other temporary vacancy situation, you may need to sublet your dwelling so that the rent continues to get paid while you are away. You want to make sure the rent actually does get paid, and as long as you have followed the instructions and have an official sublet agreement, you should be able to seek recourse for non-payment.

Instructions

  1. Make sure you have followed the instructions for an official sublet agreement. This entails using an Official Quebec Lease, crossing out the “Lessor” and “Lessee” on the first page and filling in “Sub-lessor” and “Sub-tenant” to indicate that it is a sublet. This type of agreement is recognized by the Régie du Logement’s.
  2. If your sub-tenant fails to pay rent, contact them and find out why, and if they are planning on paying in the near future. If you have remaining roommates in the dwelling, you may choose to enlist their help in finding out why the rent has not been paid. Try and be as respectful as possible, you don’t necessarily know your sublessee’s situation, and it’s always best to resolve issues as peaceably as possible.
  3. If your sub-tenant still refuses to pay, send them a demand letter, requesting that your sub-tenant pay the rent in question within a specific time frame.
  4. If the sub-tenant does not respond to the demand letter in the time frame provided, you may choose to seek recourse at the Régie du logement. Make sure you are organized and have all of your documents at hand.

FAQ

I didn’t sign an official sublet agreement. Do I have any form of recourse?

It’s difficult to win a case if you don’t have documentation to prove you have an agreement. You may have recourse even if you have a verbal agreement, however it is less clear. Remember, written agreements are always best!

How do I prepare for a hearing at the Régie du logement?

See how to prepare for a hearing for the specifics on how to get ready and visit your local housing committee.