Eviction is one of the exceptions to the tenant’s right to remain in the premises. This right allows the tenant to occupy his or her home for as long as he or she wishes, as long as he or she complies with his or her obligations under the lease and the law.
Eviction is the process that must be used by the landlord (the person who rents the unit and who is, most of the time, also the landlord) when he or she intends to carry out specific projects in the unit. This mechanism should not be confused with the repossession of a dwelling , which is used when the landlord wants to repossess the dwelling in order to live in it or to house certain other persons defined by law.
Please note that Bill 31, which came into force on February 21, 2024, changes the provisions of the Civil Code of Québec with respect to eviction. We’ll reflect those changes here. We help you with questions in housing law : Landlords’ law, Death of the tenant, Eviction, Non-payment of rent and frequent delays, Housing repossession, Termination, subletting and assignment of leases
Eviction Notice
The landlord must notify the tenant of the eviction at least 6 months before the end of the lease if the lease is for a fixed term of more than 12 months. However, if the lease is for a fixed term of less than 6 months, the notice must reach the tenant at least 1 month before expiration. If the lease is for an indefinite period, the period is at least 6 months before the date of eviction.
According to the Civil Code, the notice must contain the reason for the eviction as well as the expected date of eviction. It must also contain information about the protection of tenants aged 70 and over who meet certain conditions.
Notice sent prior to the coming into force of Bill 31
Any notice sent before February 21, 2024 does not benefit from the provisions amended by Bill 31. Thus, the former articles of the Civil Code apply in this matter.
For an eviction to be valid, it must only be made for one of the following reasons:
- The landlord wants to subdivide the unit, for example by converting a 6-room unit into 2 3-room units;
- The landlord wants to substantially expand the unit, for example, by adding a room;
- The landlord wants to change the use of the unit, for example by converting a unit into a commercial office.
The tenant who is the subject of the eviction or his or her spouse must not be 70 years of age or older at the time of the eviction, have not lived in the dwelling for at least 10 years, and must not have an income equal to or less than the maximum income for eligibility for low-income housing. The Société d’habitation du Québec publishes on its website the maximum income thresholds that allow a tenant to qualify for low-rent housing here.
Tenant’s options following receipt of the eviction notice
Within one month of receiving the notice, the tenant who wishes to contest the eviction must apply to the Administrative Housing Tribunal (TAL). The TAL will decide whether or not to allow the eviction. If the tenant decides to accept the eviction instead, he or she only has to comply with the conditions set out in the notice.
Before the TAL, the landlord must prove that his subdivision, expansion or change of use project is serious and legal, particularly under municipal by-laws. They must also demonstrate that they have already taken preparatory steps to carry out their project. To this end, the landlord can, for example, provide project plans, a cost estimate and the municipal permits required to carry out the work.
If the TAL decides to allow eviction, it may also impose conditions on the landlord, such as postponing the tenant’s departure date or the amount of reasonable moving expenses that the landlord will have to pay the tenant.
If the eviction takes place, the landlord is required by law to pay 3 months’ rent to the tenant as well as reasonable moving expenses (the cost of boxes, truck rental, Hydro-Québec connection, etc.). The costs incurred for the move must therefore not be unnecessary, exaggerated or frivolous. The payment of these fees is made when the tenant presents the landlord with documents proving the amount of the fee (invoices, contracts, etc.). For its part, the payment of the 3 months’ rent is made at the end of the lease or on the scheduled date of eviction. The tenant may obtain greater monetary compensation if he proves that the harm suffered as a result of the eviction is higher.
Finally, whether or not the tenant agrees with the landlord’s eviction plan, he or she always has the option of asking the TAL to postpone the date of his or her departure.
Bad faith on the part of the landlord
The eviction is made in bad faith if it is not justified by one of the 3 reasons named in the Civil Code. A common case of bad faith is eviction done to renovate the dwelling and then put it back on the rental market at a higher price. However, the Tribunal notes that the landlord’s desire to make his building profitable through his project is not an indication of bad faith.
The tenant can legally obtain compensation when the eviction is made in bad faith, regardless of whether the tenant had voluntarily consented to the eviction or whether it was authorized by the TAL to do so. It is also possible for the tenant to obtain punitive damages, which are not intended to compensate for an injury suffered by the tenant but to reprimand the landlord’s misconduct.
Eviction that doesn’t happen
If the landlord does not exercise his right of eviction by the date set out in the notice or by the TAL, the lease is automatically renewed, i.e. it is automatically renewed without requiring the intervention of the TAL, as long as the tenant continues to occupy the unit and the landlord consents. Within one month of the planned eviction date, the landlord can apply to the TAL to have a new rent set.
If the TAL refuses the eviction and this decision is rendered after the expiry of the time limits provided for to avoid the renewal of the lease or to modify it, the lease is also automatically renewed and the landlord may ask the TAL, within one month of the decision, to set a new rent.
Bill 31
Law 31, which came into force on February 21, 2024, amends several provisions relating to housing law and, in the case of repossession and eviction, applies to all notices sent after its entry into force.
Here are the main changes to consider:
- The tenant no longer needs to lodge an appeal with the TAL to oppose his eviction.
Upon receipt of an eviction notice, the tenant is now only required to notify his landlord of his or her intention to accept it or not. This means that if the tenant does not act on this notice, he or she is deemed to have refused to vacate his or her unit.
A landlord who now wishes to obtain an eviction despite the tenant’s refusal must seek the Court’s authorization to do so. They have one month from the date of the refusal to submit their application and must prove:
- That the law authorizes the subdivision, extension or change of use of the dwelling in question;
- That they are actually planning to evict their tenant for the reason mentioned in the notice; and
- That they do not use the eviction for other purposes, such as to re-rent their home at a higher price.
- The compensation payable by a landlord to an evicted tenant has been increased
More precisely, in addition to having to pay reasonable moving expenses, the landlord is also required to pay an indemnity equivalent to 1 month’s rent for each year of uninterrupted rental by the tenant, up to a maximum of 24 months’ rent. The compensation cannot be less than an amount equivalent to 3 months’ rent.
- The landlord must now show that the eviction was made in good faith when it is the subject of an action for damages following an eviction.
If you need legal assistance regarding the eviction of your tenant, do not hesitate to call on our team specialized in rental law.