Repossession
In other provinces, you’ll find terms like “landlord’s use” to describe a situation in which the landlord wants to remove a tenant so they, or a family member, can move into the rental unit. In Quebec, these situations are known as repossession.
One rule unique to Quebec is that a landlord can’t evict a tenant just because they’re selling the property. The tenant, and the lease they signed, are basically part of the deal for the buyer. The buyer can later remove the tenant under the typical repossession rules (or any of the other reasons we’re outlining here).
A landlord may repossess a rental unit if they want to move in themselves, or have their children or parents move in. They can also have another relative or ex-spouse move in, if the landlord is that person’s main source of support.
There are many further restrictions, however. Co-owners can’t repossess an apartment unless they’re also partners. A landlord can’t repossess a unit if they own a similar unit that is presently available. If the landlord is a company, they can never repossess a rental unit. If the tenant is a low-income senior that has lived in the unit at least 10 years, the landlord cannot repossess their unit.
If a landlord is repossessing a unit for a valid reason, they must give advance notice. For leases of less than six months, they need to give 1 month of notice. For leases over six months, they must give six months’ notice. In either case, they can’t repossess the unit before the lease expires.
If the lease is of indeterminate length, the landlord must give six months’ notice, but they can give this notice at any time.
Upon receiving notice of repossession, the tenant has one month to accept or refuse. If they accept, they have until the repossession date to move out. If they refuse, the landlord can either rescind the notice and let the tenant stay, or apply to the TAL for permission to repossess the unit. The tenant and landlord may also wish to negotiate a settlement to end the lease.
If it gets as far as a TAL hearing, the landlord must demonstrate that they want to repossess the unit for a valid reason (specifically, the reason they’ve stated on the notice). If the TAL grants the repossession, they may attach conditions, such as the landlord paying the tenant’s moving expenses.
If a tenant moves out of a repossessed apartment, but feels that the landlord acted in bad faith, they can apply to the TAL for compensation. For example, if the landlord removed a tenant to move in themselves, but the former tenant learns that a new tenant has moved in, it would appear as though the landlord was acting in bad faith.
Eviction
In Quebec, eviction is the term used when a landlord wants to remove a tenant for any of the following reasons:
- To subdivide the unit (for example, turning a large apartment into two small apartments)
- To demolish the unit
- To enlarge the unit substantially
- To change the unit’s use (for example, converting it into commercial space)
The rules for eviction are much the same as those for repossession: 6 months’ notice for leases of at least six months or indeterminate leases, or 1 month’s notice for leases under six months. The landlord can’t end a fixed-term lease early for eviction, except by agreement with the tenant. The same rules for low-income seniors apply, too.
The difference is that when a landlord evicts a tenant, they will owe the tenant compensation: three months’ rent, plus all reasonable moving costs. The tenant should keep proofs of all their moving expenses, like truck rentals, utility transfer fees, boxes, and so on. Once the move is complete, they can submit the proof to the landlord for compensation.
Once again, the tenant can accept or refuse the eviction notice—they have one month to do so. If they refuse, the landlord must apply for a TAL hearing, at which they have to prove that they intend to do as they wrote on the notice. The TAL will either refuse or grant the eviction based on the hearing.
Just as with repossession, a tenant who believes they were evicted in bad faith can file with the TAL to sue the landlord for damages.
Home insurance considerations
Tenant insurance in Quebec is not required by law. Nevertheless, tenants should be aware that their landlord is still allowed to require it as a condition of the rental agreement. If the lease agreement specifies that a tenant must remain insured, they would be in breach of the agreement if they let their tenant insurance lapse.
Another insurance-related item to consider: If a tenant has legal protection insurance from Square One, they would be able to access the legal helpline for guidance on the eviction.
Commonly asked questions
Can you be evicted in the winter in Quebec?
In Quebec, as in other provinces, there is no restriction on evicting tenants during the winter. As long as the landlord follows the law and the correct procedures, they can end a tenancy during any season.
Does a tenant have to move out when the landlord sells their house?
In Quebec, selling a rental property isn’t a valid reason to evict a tenant (at least, not on its own). If the buyer wishes to live in the house, then that would be a valid reason, and they’d have to follow the process of repossession. But, if the new owner intends to continue renting the unit out, they would simply assume the residential lease and associated responsibilities from the selling landlord.
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