Payment of rent: the first payment and terms of payment
Paying the rent to the landlord on the agreed date is a tenant's main obligation.
Concerning the payment of rent, section 1904 of the Civil Code of Quebec provides that:
“The lessor may not exact any instalment in excess of one month's rent; he may not exact payment of rent in advance for more than the first payment period or, if that period exceeds one month, payment of more than one month's rent.
Nor may he exact any amount of money other than the rent, in the form of a deposit or otherwise, or demand that payment be made by postdated cheque or any other postdated instrument.”
Therefore, the landlord may make the conclusion of the lease of a dwelling subject to the advance payment of the first term of rent, not exceeding one month's rent. The landlord can ask the tenant to provide a cheque, cashable immediately, for the first month's rent only, even if the lease comes into effect at a later date. However, he cannot demand additional payment.
The rent of a dwelling’s lease is payable in equal instalment, except the last payment that can be less; the rent is payable on the first day of each month, unless otherwise agreed.
If the landlord agrees, the rent can be paid by ordinary cheque, cash, postal money order or certified cheque. However, the landlord cannot require a series of postdated cheques although he can ask for it.
The payment of rent can be made at the location expressly or implicitly designated by the parties. Otherwise, it’s up to the landlord to collect the rent at the tenant's home, who may then require a receipt.
Finally, a rent which is not paid on the agreed date constitutes a default in payment. The Régie du logement states that in case of non-payment of rent on the agreed day, the landlord can, as of next day, file an application with the Régie to recover the rent owing, interest and the costs related to the application. After more than three weeks of late payment of rent, a landlord can ask that the Régie request the tribunal to order the tenant to pay the rent and other costs, and also the resiliation of the lease and the eviction of the tenant and other occupants, even in winter. A resiliation application can also be filed if the rent is frequently paid late and that this cause serious prejudice (damage) to the landlord.
For any questions, please call 1-800-683-2245 or check the website of Régie du logement where you will find a variety of relevant information.