What is a Demand for Payment of Rent?
A demand for rent gives formal notice to any tenants that the rent and/or additional rent (e.g. utilities) is unpaid and outstanding. It outlines the parties involved, the amounts owed and details of the charges, and demands that the rent be paid on or before a certain date.
Why should landlords use one?
Depending on the province where the rental is located and the terms of the agreement demand notice may or may not be legally required. Even when not required, many landlords issue a formal notice as a way to give the tenant a chance to make good before more aggressive actions such as a notice to end the tenancy is issued. If payment is still not made, being able to show that formal demand has been made is just about the best way to show that the landlord has already made reasonable efforts to come to an amicable resolution before further action is needed.
When should landlords use one?
Though the date when formal action can be taken after rent payments are missed will depend on your province, a formal demand can be issued as soon as rent is not paid when it should have been. Meaning if rent is due on the first of the month, notice can be issued as early as midnight on the second.
How should a Demand for Payment of Rent be issued?
Ideally, all correspondence should be issued in accordance with your province’s Residential Tenancy Act. While some provinces may allow service/delivery by other methods, the safest and most secure options are prepaid registered mail and hand delivery. Correspondence by email or text message will most likely not be taken seriously by a judge or tenant board if further action is needed.
Registered mail is a trackable form of delivery that allows for the sender to see once the letter has been received and signed for. Registered letters have to be taken to the post office to be processed by Canada Post. See our registered mail services for hassle-free delivery with just a few clicks of the mouse.
Hand delivery is relatively self-explanatory. It involves the landlord or their authorized agent physically delivering the letter to the rental suite and/or any other delivery addresses for the tenant. If using this option, you will likely need to swear an affidavit of service in front of a notary or commissioner for taking oaths.
Where should a Demand for Payment of Rent be issued?
When delivering formal correspondence related to tenancy issues one should always be sure to include all addresses and recipients that may be required. This includes not only the address of the rental unit but also any alternative delivery addresses included in the tenancy agreement and/or addresses for any listed indemnifiers or guarantors. You can check the “delivery” or “notice” sections of your tenancy agreement for further details on where and how notice should be given.
Failing to comply with notice requirements can cause delays or other issues if and when further action against the tenant is required.
Where can you find out more?
Further details on residential tenancies can be found by clicking your province below:
