Québec residential tenancy
When a Québec tenant can deposit rent with TAL
A tenant may seek authorization from TAL to deposit rent when there are serious reasons, such as uncertainty about whom to pay or serious failure to perform an obligation. This is not the same as a prohibited security deposit.
When TAL may authorize a rent deposit
- The lessor has seriously failed to perform an obligation, and the Tribunal considers the reasons sufficiently serious.
- The dwelling has been sold or the payee has changed and the tenant was not personally informed of the name and address of the person entitled to collect rent.
- The landlord cannot be located, refuses to accept rent or there is another serious reason the tenant is unsure whom to pay.
A dispute about repairs or a rent increase does not by itself give permission to withhold rent. The Tribunal decides whether the circumstances justify deposit authorization.
Step-by-step: notice, application, then deposit
- Gather the signed lease, payment history, notices of sale or payee change, photographs or repair requests, and correspondence supporting the reason.
- Send the lessor written notice stating the reason for the proposed deposit at least 10 days before filing. TAL provides an official Notice of rent deposit.
- File an application for authorization with TAL. Preserve proof of giving the 10-day notice and follow the usual application-notification steps.
- Wait for TAL's decision. If the grounds qualify, the decision sets the amount and deposit conditions. Continue paying rent lawfully while the application is pending.
- Once authorized, make each deposit by its due date and keep the deposit receipt and decision together.
How to pay an authorized deposit
TAL instructs tenants to deposit at a Tribunal office, bringing a copy of the authorizing decision. Accepted forms are cash, certified cheque or certified order to pay, bank draft, or postal money order. The payment instrument must be payable to the Minister of Finance. Ordinary personal cheques and online transfers are not listed by TAL as permitted deposit methods.
Missing an authorized deposit due date can still expose the tenant to non-payment proceedings. Keep an itemized log: rent period, due date, amount, payment date and receipt number.
How deposited rent is released
The money is not automatically returned to the tenant or released to the landlord when a dispute ends. TAL describes two routes: written consent of all parties named in the deposit application, or a Tribunal decision authorizing payment to the entitled lessor/creditor or, where applicable, to the tenant to perform a lessor's obligations. A decision-based remittance can require waiting until appeal periods expire and obtaining a certificate of non-appeal.
Read the official deposit and remittance instructions before requesting release. This procedure is entirely different from a prohibited landlord security deposit.