Your tenant hasn't paid in two months and you're wondering what to do. The short answer: your remedy is to apply to Québec's rental board (the TAL) to recover the unpaid rent and, since the arrears are significant, seek termination of the lease and eviction. The second short answer, the one that surprises most: this process takes several months, depending on the TAL's scheduling. That's why documenting everything, acting promptly — and sometimes negotiating a voluntary departure — changes everything. Here are your remedies, step by step, and what to expect on timelines.
In this article
My tenant hasn't paid in 2 months: what are my remedies?
In Québec, a landlord cannot take the law into their own hands. The tenant has an obligation, set out in the Civil Code of Québec, to pay their rent; but when they stop, the only authority that can order it, terminate the lease or evict them is Québec's rental board (the TAL). Concretely, after two months of arrears, you have three possible applications, often combined in a single file:
- Recovery of the unpaid rent — the outstanding amounts, month after month.
- Termination of the lease, when the lateness is significant and prolonged.
- Eviction of the tenant, if termination is pronounced and they don't leave on their own.
The law sets a threshold above which lateness justifies termination: it takes serious arrears, not a simple one-day oversight. After two full months without payment, you're clearly in a situation that opens the door to a termination request. Still, confirm the exact terms with the TAL or a legal advisor, as they precisely frame your remedy.
What are the steps of a TAL application?
The path is laid out. Following it correctly, from the very first month of arrears, makes all the difference on both speed and outcome.
1. Written communication and the demand letter
Put it in writing. An email or a dated letter that sets out the amount owed and the months concerned sometimes resolves the case on its own — and, if not, it constitutes evidence. The demand letter formalizes the step: it states in black and white that the tenant is in default and that, failing to catch up, you will exercise your remedies. Send it in a way that lets you prove receipt.
2. The application to the TAL
If the lateness persists, you file an application at the TAL for recovery and, given the extent of the arrears, for termination of the lease. Non-payment files generally benefit from swifter handling than other types of remedy; but "swifter" doesn't mean "fast."
3. The hearing and the judgment
A hearing date is set; you present your evidence — hence the importance of a well-built file. The tribunal may order payment, grant a delay, impose conditions or pronounce termination of the lease. Be aware: a termination judgment does not mean the tenant leaves the next day.
4. Enforcement by a bailiff
Even with a judgment in hand, you evict no one yourself. If the tenant doesn't leave, the eviction is enforced by a bailiff, according to the prescribed procedure — an additional step, with its own delays. Many landlords discover here that "winning at the TAL" and "getting the dwelling back" don't happen at the same time.
How long does it take to evict a tenant who isn't paying?
It's the question we're asked most: "How long does it take to evict a tenant who isn't paying at the TAL?" The honest answer: several months, and it's variable. Between filing the application, obtaining a hearing date, the judgment, then enforcement by a bailiff, the weeks add up — more if the case is contested, postponed, or if the tenant files repeated motions.
The timelines depend on the TAL's caseload, the region and the circumstances. No one can guarantee you a precise number of weeks, and be wary of anyone who does.
What you must NEVER do
When you're at the end of your rope, the temptation to "handle it yourself" is strong. Resist it completely. In Québec, every act of self-help against a tenant is illegal and can backfire on you, up to being ordered to pay damages.
- Changing the locks to keep the tenant from getting in.
- Cutting off electricity, water, gas or heat — depriving the dwelling of essential services is strictly prohibited.
- Harassing, threatening or intimidating the tenant to push for a departure.
- Evicting without a TAL judgment. No arrears, however blatant, authorize it.
These acts don't just expose you to sanctions: they destroy your credibility. The landlord who cut off the heat arrives before the TAL in the position of wrongdoer, no matter that the tenant owes them money. You turn a case where you were right into a case where you're wrong. The rule is simple: you repossess a dwelling by a judgment (the TAL route) or by an agreement (the voluntary route), never by force or trickery.
Document and act quickly: why it matters
Whether you aim for the judgment or the agreement, everything rests on evidence — and on speed. A file opened early is almost always resolved better than one left to rot for six months out of discomfort. Gather, from the first missed payment:
- The rent and payment history: dates, amounts, sums owed.
- Your written communications with the tenant, dated, and the demand letter with proof of sending.
- The signed lease, its schedules and the move-in inspection.
Before the tribunal, it's the dated documents that carry weight, not your word against theirs. And at the negotiating table, a solid file gives you far stronger leverage. Acting quickly isn't impatience: every month of passive waiting is a month of lateness settling in as the norm and of leverage weakening. Our landlord's guide to a problem tenant details how to build an airtight file.
The voluntary move-out agreement: often faster than a hearing
Here's the option many exhausted landlords no longer see. Since the contentious route stretches over several months, a voluntary move-out agreement — the tenant agrees to leave on an agreed-upon date, often in exchange for compensation — frequently resolves the situation faster than a hearing. It's legal, structured, and it avoids the uncertainty of a judgment and its enforcement.
Why does it work, even with a tenant who isn't paying? Because they're often in a deadlock too: they dread a judgment recorded on their file and sometimes prefer to leave cleanly, with a sum to get resettled. The agreement goes down in writing: firm departure date, handover of the keys, fate of the amounts owed, mutual release. That's the principle of cash for keys, within the framework of the TAL. The compensation is measured against the real cost of several months of arrears — often, it represents only a fraction of it.
Handing the file to Opti Loyer
You can handle it all yourself. But a non-payment file that drags on drains time, energy and money — and the slightest procedural error costs you weeks. That's exactly what Opti Loyer does: we take the file in hand — assessment, strategy, communication with the tenant, negotiation of a voluntary move-out agreement, coordination — all of it legally, through voluntary agreements and while respecting the TAL.
The fact that a neutral third party enters the picture often defuses a relationship that has become tense. And our model is aligned with yours: the audit is free and you pay only if we get results. No result, no invoice. The first step is simple: talk to us about your file, with no commitment, and walk away with a clear plan.
This article is provided for informational purposes and does not constitute legal advice. The TAL's rules and timelines change — always confirm the terms in force or consult a legal advisor.