Repossession of a dwelling in Quebec: what to remember

Who may repossess

The lessor who is the owner may repossess a dwelling to live in it themself or to house their ascendants or descendants in the first degree, or another relative or person of whom they are the main support, or a spouse of whom they remain the main support after a separation (art. 1957 C.C.Q.). A legal person cannot repossess.

Procedure

• written notice at least 6 months before the end of a lease of more than 6 months (1 month for a lease of 6 months or less; 6 months before the date for an indeterminate lease) (art. 1960);
• the tenant has one month to reply; failing a reply, the tenant is deemed to have refused;
• the lessor must then apply to the TAL within one month of the refusal and prove a genuine intention to repossess.

Protections

• tenant aged 65 or over, occupying the dwelling for at least 10 years, with low income: repossession is prohibited, except in limited cases (art. 1959.1);
• the TAL may impose conditions (indemnity for moving costs).

Bad faith

A lessor who repossesses in bad faith (e.g. to re-rent at a higher price) may be ordered to pay damages, including punitive damages (art. 1968 C.C.Q.).