Did you know that a tenant in Quebec has the right to maintain occupancy? This article of the Civil Code prevents the landlord from evicting you as he sees fit except for two very specific reasons.
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Unless a fault has been committed such as a late payment or an unsanitary problem, only two reasons can be given by a landlord to evict a tenant.
“The law establishes that a tenant can stay in his dwelling as long as he wishes, if he respects all the conditions of his lease. This is called the right to remain in the premises”, specifies on its site the Administrative Court of Housing (TAL).
This article of the Civil Code allows the tenant to keep his accommodation without fear of eviction – if he respects the conditions of the lease – except for two exceptions: the repossession of the accommodation for the owner or a member of his close family or for the extension , subdivision or change of use of the accommodation.
The resumption of housing
This exception allows an owner to “take over [le logement] to live in it or lodge there “his ascendants or descendants in the first degree“, is it written in the Civil Code of Quebec.
It must be a close family member, such as a parent or child. The landlord therefore cannot evict a tenant to accommodate the cousin of his great-great-uncle’s brother, to give a far-fetched example.
A few small exceptions in the law also prevent the owner from repossessing the accommodation:
- When he has an apartment of a similar size, available, near your apartment and with an equivalent rent;
- When the latter is a numbered company;
- If a person aged 70 or over, who has lived in the dwelling for at least 10 years and whose annual income makes him eligible for low-cost housing (HLM) occupies the dwelling.
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The landlord must follow a very specific procedure to move forward with a repossession. A written notice must be given to the tenant six months before the end of the lease (for a lease of more than six months) containing the date scheduled for the repossession and the name of the person for whom the landlord wishes to repossess the rent.
The tenant can still challenge the repossession at the TAL up to one month after receiving the notice if he believes that the repossession is unfounded. The owner will then have to open a file at the TAL and prove during a court hearing that the repossession is justified.
If the tenant does not respond to the notice, the TAL considers that he refuses to leave the accommodation.
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Eviction for subdivision, substantial enlargement or change of use of a dwelling
As stated on the Éducaloi legal information site, the landlord can evict you to “carry out a project” with your apartment.
This means your landlord can repossess the apartment for:
- Make a Subdivision: transform a six-room apartment into two three-room apartments.
- Make an extension: add a room to the dwelling.
- Change the assignment: the accommodation becomes a commercial office.
The landlord must submit a written notice six months before the end of the lease which contains the date and the reason for the eviction with the article of the Civil Code. The notice must be specific enough for the tenant to fully understand the landlord’s intentions.
If a tenant wishes to oppose his eviction, the procedure is the same as for the repossession of housing: the person has one month from receipt of the notice from the landlord to notify him of his refusal. The landlord will then have to justify the work before a hearing at the TAL. On the other hand, unlike the repossession of housing, a tenant who does not oppose agrees to leave his housing.
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The law provides that a landlord must compensate his tenant with three months’ rent and moving costs.
To avoid fraudulent evictions, this reason provided for in the law has been reviewed in several Montreal neighborhoods in recent years, such as in the borough of Villeray-Saint-Michel-Parc-Extension, where any subdivision of existing dwellings in a building is prohibited. three or more dwellings.
*Like repossession, people aged 70 and over, who have lived in the dwelling for 10 years and more and whose annual income allows them to renting a low-rent housing (HLM) cannot be evicted.
An owner cannot evict you for major work
Contrary to popular belief, a landlord cannot evict a tenant under the pretext of major work. If the tenant has to leave his accommodation for the duration of the works, he can return to his apartment afterwards.
For work that does not require temporary relocation, the owner must notify you of their holding 10 days in advance. If the work requires evacuation for more than a week, your landlord must notify you three months in advance. The landlord must compensate the tenant for the move and the difference in rent, if applicable.
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Here again, a detailed notice for the performance of the work must be given by the owner and the tenant has 10 days from receipt of the notice to oppose or not his temporary evacuation. A tenant who does not respond to the notice signifies that he opposes the carrying out of major work. Again, the landlord will have to demonstrate the need for evacuation at the hearing.
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