The lessee may be authorized by the Tribunal to deposit rent in the following cases:

• For serious grounds, where the lessor fails to perform his or her obligations;
• Where the lessee is not personally informed of the name and address of the new lessor or of the person to whom (s)he owes payment of the rent, for instance:
  • following the alienation of an immovable (sale, exchange, gift, or assignment);
  • in the event of the registration of a hypothec against the rent;
  • in an assignment of claim.
• For any other serious grounds where:
  • the lessee is not certain of the person to whom (s)he must pay the rent;
  • the lessor cannot be found;
  • the lessor refuses payment.

Before filing an application to deposit rent with the Tribunal, the lessee must send the lessor a notice in writing of his or her intention to deposit the rent, indicating the reason for the deposit. This notice must be given 10 days prior to the filing of an application for authorization to deposit rent.

When the Tribunal rules on an application to obtain authorization to deposit rent, it determines whether the grounds are serious and if so, fixes the deposit amount and conditions.

DEPOSIT PROCEDURE

The rent must be deposited at any office of the Tribunal using one of the following payment methods:

• in cash;
• by certified cheque or certified order to pay drawn on a bank, or a savings or credit union;
• by bank draft;
• by postal money order.

Any payment item is to be made to the order of the Minister of Finance.

The deposit must be accompanied by a copy of the decision authorizing the deposit.

The lessee must deposit the rent by each due date, failing which the lease could be resiliated because the rent has been paid over three weeks late or is frequently paid late.

REMITTANCE OF THE DEPOSIT

The rent deposited at the Tribunal may be withdrawn:

1. Upon the written consent of all the parties mentioned in the application for authorization to deposit the rent. This agreement between the parties must be attached to the application for remittance of the deposit;

2. Upon the decision of the Tribunal:
   • at the request of the lessor or the creditor entitled to the rent;
   • at the request of the lessee in order to enable him to perform the obligations of the lessor.

The remittance of the deposit of rent authorized by a decision of the Tribunal will be able to be completed as of the expiry of the time limit for an appeal of such decision. The application for remittance of the deposit of rent must then be filed together with the Tribunal’s decision regarding the authorization of the remittance as well as a certificate of non-appeal of the decision.

The certificate of non-appeal may be obtained from the Deputy Clerk of the Court of Québec by completing Form SJ-1078A of the Ministère de la Justice. The Tribunal’s decision regarding the authorization of the remittance must be attached to this form, and the Tribunal’s record number must be clearly indicated.