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Repossession of a dwelling is a sensitive issue in Quebec, for tenants and landlords alike. Québec legislation governs this process to protect the rights of all parties involved. To begin with, it's essential to understand that repossession can be carried out for two main reasons: repossession for personal occupation and repossession for major renovation works. Here, we'll look at the rights and procedures to be followed when repossessing a dwelling for personal occupancy.

 

The owner of a rental dwelling may repossess it for his or her own use, or for the use of his or her parents or children, or any other relative or ally of whom he or she is the main breadwinner. They may also take it over to house a former spouse for whom they remain the main breadwinner after legal separation, divorce or dissolution of civil union.

 

The owner of an undivided share of an immovable may also take over a dwelling therein, provided there is only one other co-owner, and that other co-owner is his or her spouse. To terminate the lease, the landlord must respect certain rules and provide written notice to the tenant of his intention to repossess the dwelling.

 

If the building is purchased, it is the new owner who must take the necessary steps to obtain the repossession.

 

Notwithstanding the foregoing, the owner may not repossess a dwelling if the tenant or the tenant's spouse, at the time of repossession or eviction, is 70 years of age or older, has occupied the dwelling for at least 10 years and has an income equal to or less than the maximum income that would qualify him or her for a dwelling in low-rental housing under the Regulation respecting the allocation of dwellings in low-rental housing. There are, however, certain exceptions to this rule.

 

For tenants, it's essential to know their rights when faced with a repossession. If the landlord does not respect the rules in force, the tenant can contest the repossession request before the Administrative Housing Tribunal. This body has the power to assess the validity of the application and protect the tenant's rights in the event of non-compliance.

 

For landlords, it's vital to strictly follow the procedures laid down by law. Failure to do so may result in legal consequences and sanctions. One small error may result in loss of one year, so that you should start the same procedure the next year. It is essential to consult a lawyer for legal advice before starting a repossession procedure.

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To make an appointment, please fill out the form at the bottom of this page or call us at

(514) 600-6025

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In addition to representing landlords and tenants in repossession cases, we also provide the following services to our clients : 

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• Consultations

• Demand letters

• Representation before the Administrative Housing Tribunal (Tribunal administratif du logement), of both the plaintiffs and the defendants

• Coaching for upcoming hearings

• Claims against landlords

• Claims against tenants

• Claims for non-payment of rent

• Applications to modify the lease

• Claims for rent reduction, pecuniary and moral damages, and punitive damages

• Claims for relocation indemnity

• Claims for eviction of tenant after end of lease

• Requests for repossession of dwelling

• Notice of abandonment

• Applications for conversion to divided co-ownership

• Emergency and repairs

• Subletting

• Assignment of lease

• Conflicts Between Neighbours

• Excessive noise

• Harassment

• Eviction notice for subdivision, substantial enlargement or change of use of a dwelling

• Authorization of the Administrative Housing Tribunal to carry out necessary repairs

• Drafting of building rules and by-laws

• Requests for revocation of judgment

• Appeals of decisions of the Administrative Housing Tribunal to the Court of Québec