Who can claim a rent receipt?

A rent receipt is a document that attests that the tenant has paid his rent. This document acts as a supporting document and can be useful in the case of some administrative or legal procedures. It is the tenant who can claim a rent receipt from his landlord under article 1568 of the Civil Code of Quebec.

Indeed, the law provides that the debtor who pays is entitled to receive a receipt. The landlord is therefore compelled to send a rent receipt to his tenant. Has your tenant asked you for this document? Learn all the details about how to write and send a rent receipt in compliance with the law.

What is a rent receipt?

The rent receipt proves that the tenant has paid the rent. According to article 1855 of the Civil Code of Quebec, the payment of rent is an important obligation of the tenant throughout the term of the lease. The law also states that the rent must be paid on the first day of each month or term, unless otherwise agreed in the lease.

Regardless of the method of payment decided between you and your tenant, the tenant must pay it directly to you, as you are the landlord. If the tenant complies with his or her obligation to pay the rent, he or she is still entitled to ask you for a rent receipt every month.

Content of the rent receipt

Does your tenant want to receive a rent receipt from you? You should know that this document must contain certain essential information in order to be compliant:

• All the contact details of the owner and the tenant
• The total amount of the rent
• The current year
• The period covered by the amount paid
• The signature of the landlord
• The date of the landlord’s signature

It is possible to find rent receipt templates available on the Web. Generally, these templates are easy to complete and all you have to do is print them for signature. You can also use a digital signature since it is legally valid.

How do I write a rent receipt?

As mentioned, there are rent receipt templates available on the Web. You can also write it by hand, or on the computer according to your own model. The important thing is to make sure that all the essential information is included in the document.

The Quebec Law Network offers a service for drafting all types of receipts, including rent receipts. It can be advantageous to use such a service if you wish to delegate everything to professionals. You will save time and will be sure to give your tenant a compliant rent receipt.

Delivery of the rent receipt

When your tenant requests a rent receipt, you must give it to him/her for free and within a reasonable time. There are several ways to send a rent receipt: traditional or registered mail, hand delivery or email.

Sending it by email is convenient, since you don’t need to print the document and you save travel time. All you need to do is get your tenant’s consent to do so and collect their email address.

This makes it easier and more efficient! As the digital signature is legally recognized, your rent receipt will be compliant and valid.

Purpose of the rent receipt

At first glance, it may be difficult to understand the purpose of the rent receipt. Here are some situations that may explain the need for a rent receipt:

• The tenant pays rent in cash and wants proof of payment that shows his/her rent payment was made
• The tenant wants proof of payment in case of any disputes
• The tenant needs a rent receipt for administrative purposes
• The tenant simply wishes to obtain a proof of payment of his rent

You should also know that the rent receipt is a document that waives any legal action. This is why some tenants prefer to ask for an official rent receipt rather than a simple receipt.

Is the rent receipt mandatory?

No. The receipt is not mandatory at all. In fact, you do not need to issue rent receipts to your tenants every month. This document is only required at the request of the tenant. The latter is within his rights under article 1568 of the Civil Code of Quebec.

Therefore, you cannot exclude the possibility of the tenant obtaining a rent receipt in the lease. Writing this clause into a lease would be completely illegal.

In addition, a tenant can request a receipt even if he or she has already moved out. The landlord must then issue all previous rental receipts to the tenant.

Landlord: Sending a rent receipt

You may decide to send a monthly rent receipt to your tenant without being asked. This can help you develop a relationship of trust with your tenant.

They pay you the rent and then you confirm that you have received the payment with a rent receipt. If you are emailing him, this is a fairly simple process once you have a compliant rent receipt template.

Tenant: Requesting a rent receipt

If a tenant wishes to obtain a rent receipt each month, he or she can make a written request to the landlord. He can write an email or a letter to his landlord mentioning his request. This is not a mandatory procedure, but since it is a rather formal request, it is more advisable to make the request in writing.

The tenant should simply state that he or she wants a monthly rent receipt that specifies the amount paid, for the entire term of the lease. The tenant is also entitled to simply request a monthly rent receipt verbally or in writing.

Tenant: Obtaining a rent receipt

In order for the tenant to receive a rent receipt, the tenant must pay the rent in full as required by law. Regardless of the method of payment, the tenant is obligated to pay the amount due if he or she wants to have a rent receipt. The tenant cannot override his or her own obligations before requesting a receipt from the landlord.

When can’t I get a rent receipt?

If the tenant has not paid his rent, he cannot ask his landlord for a rent receipt under any circumstances. If the tenant is in arrears with his payments, he cannot ask for such a document either. The tenant must have paid the total amount due to the landlord.

As a landlord, you are well within your rights to refuse to issue a receipt of rent in this situation. Your tenant cannot ask you for a rent receipt without having paid the full amount of the rent to you.

Failure to pay rent: what to do?

If your tenant refuses to pay the rent or is late in paying it, you can send a formal notice. This is the first step before taking more serious steps. It is preferable to send this letter by registered mail or by bailiff in order to have a proof of reception. The formal notice contains:

• The contact information of the owner and the tenant
• The place and date of sending
• The words “without prejudice” to protect you from any statements contained in the letter
• The words “formal notice” to be written in the subject line to inform the tenant of the contents of the letter
• The means used to send the letter (“by bailiff”, “by registered mail”, etc.)
• The description of the problematic situation
• The amount claimed
• The deadline for obtaining the amount claimed
• The potential consequence if you do not receive the requested payment, i.e. the filing of a legal action

Then remember to sign the letter. Your tenant does nothing after receiving the letter? Now is the time to file an application for non-payment of rent with the Tribunal administratif du logement.

Lawyer’s Tip: The demand letter can be sent from the first day of delay. It is important to specify the period of time allowed for the tenant to meet his obligation to pay. Also, you should keep in mind that you can ask for the termination of the lease if the tenant is more than three weeks late in paying the rent, or if you can show serious prejudice when the tenant frequently delays the payment of his rent.

Landlord: Refusal to issue a receipt of rent

If you refuse to issue a rent receipt to your tenant, you could:

• Receive a formal notice
• Be sued in the Tribunal administratif du logement

To avoid this unnecessary inconvenience, simply send the rent receipt to your tenant when he or she requests it. Has your tenant paid the full amount of his or her rent? There is no reason why you should not send him the rent receipt you requested.

Who can demand a receipt of rent?

In short, the tenant has the right to request a rent receipt from the landlord, either verbally or in writing. Under article 1568 of the Civil Code of Quebec, the landlord must deliver the document to the tenant. If the tenant has fulfilled his obligation to pay the rent, the landlord has no reason to refuse this request.

You are now well equipped to respond optimally to a request for a rent receipt. The more you listen to your tenants, the more you will create long-term relationships based on trust that will benefit everyone!