The number of landlords who will face tenants occupying their dwelling without rights at the end of their lease could be particularly high this year, in the context of the shortage of affordable rental housing that is affecting several regions of Quebec, foresee several actors in the housing sector. real estate.
On social networks, the testimonies accumulate. Many landlords whose tenants had signed a notice of non-renewal or termination of their lease have learned in the last few days that they intend to remain in their dwelling beyond the 1er July, for lack of having found another dwelling suitable for them.
This is the case of Cédric Robert, who owns a quadruplex of rental housing in Saint-Jérôme. 1er July, he and his wife planned to move into one of the apartments in the building where a tenant signed a notice of non-renewal of his lease last November. The couple have already purchased furniture and planned the installation of new floors as well as an air conditioning system in this accommodation. However, his tenant now plans not to leave it at the end of his lease, for lack of having found another place to stay that meets his means.
“I’m almost going to live on the street,” says Mr. Robert, who currently lives with his in-laws while waiting to move to this accommodation. Legally, the only way to evict a tenant occupying housing without right is to go to the Administrative Housing Tribunal (TAL) to obtain a decision to this effect. This is what Mr. Robert intends to do as of July 2, if his current tenant refuses to comply.
“I can’t do much else […] I’m not going to go into the apartment myself to evict him. I’m going to take all the legal recourse I have to expel him”, loose Mr. Robert, who intends to do “while [son] power to move into [son] building as soon as possible after 1er July “.
The Civil Code of Quebec also provides that landlords have up to 10 days after the expiry of the lease to notify the tenant, for example in the form of a letter or an appeal to the TAL, that they object to his presence in the dwelling. Otherwise, “the lease is renewed for one year or for the duration of the initial lease”.
“Of course, a landlord must be proactive. If he collects the rent for July, it may seem like a waiver, ”warns lawyer Alexandre B. Romano, who specializes in particular in housing law.
Appeals on the rise
The case of Mr. Robert is far from being anecdotal. In recent years, the number of requests submitted to the TAL to evict tenants after the expiry of a lease has steadily increased, rising from 438 in a period of one year, between 2018 and 2019 , to 551 the following year, then to 588 between 2020 and 2021. An upward trend that should probably continue, foresees the Association of Quebec Owners (APQ).
“It’s really a problematic issue year after year. But this year, it may be more difficult in the context of the scarcity of housing,” qwhich hits several regions of the province, believes the president of the APQ, Martin Messier. “The harder it is to find housing, the more tenants tell us that they don’t want to leave,” he sums up.
“It’s a phenomenon that has only grown since the beginning of the housing crisis”, also notes the lawyer specializing in housing law Kimmyanne Brown, of the firm DDC Legal.
In several cases, landlords find themselves “between the tree and the bark” when the refusal of a tenant to leave at the end of his lease prevents a new one from entering the premises on the scheduled date, notes Mr. .Mister. The landlord must then assume, if necessary, the accommodation costs of the new tenant until the accommodation intended for him becomes available.
“It’s a bit of a nightmare because there, the owner realizes that he cannot offer the accommodation to the new tenant planned because the other does not want to leave. And the process is really difficult for the owners because they are responsible for delivering the housing to the new [locataire] “, explains Mr. Messier.
Once the TAL has ordered the eviction of the occupant without right, the landlord can then start a new application before this specialized court to obtain financial compensation from his former tenant. However, “it is rare that owners go in this direction because they just want to move on, to act quickly and to accept their losses”, says real estate lawyer Jimmy Troeung, who has represented several owners in appeals. concerning the eviction of occupants without right in the last months.
“Compared to previous years, I am in a lot of demand. At the TAL, it’s one of the recourses that I do the most these days”, indicates Mand Troung. “I see that there are many termination agreements that have not been respected because, precisely, the tenant was not able to find an apartment in a timely manner,” adds the lawyer, who practices this job for 12 years.
The recourses of tenants who wish to stay at the end of the expiry of their lease are, for their part, very limited. “If you have consented to leave, to take over the accommodation or not to renew your lease, you do not really have any recourse unless you can prove that there was a vitiated consent”, explains lawyer Alexandre B.Romano.