The repossession of the dwelling contrasts the landlord’s right of ownership with the tenant’s right to remain in the premises. Thus, in order to maintain a balance between these two essential rights, the legislator places very strict conditions on a landlord who wishes to repossess.
Definition of repossession of housing
Repossession is the action of a landlord to evict a tenant from his or her dwelling in order to move in or to settle in certain other specified persons, whose identity is prescribed by law.
Criteria for repossession of a dwelling
Under the Civil Code of Québec, a landlord can only repossess a dwelling if he or she is the owner of the dwelling. Although the landlord and the landlord of a dwelling are often one and the same person, there are cases where it is not the landlord, but another person, who is a party to the lease agreement with the tenant. This distinction is often found in buildings that are managed by a specialized company that is not the owner. In these cases, the management company is the landlord without being the owner of the unit.
In this information capsule, the word “landlord” refers to a landlord who is also the owner of the unit they are renting.
The law stipulates that the repossession of a dwelling may only be made to accommodate one of the following persons, known as beneficiaries:
- The landlord himself;
- One of his ascendants (e.g., father) or descendants (e.g., son) in the first degree;
- Any other family member (e.g., sister) or relatives (relatives of spouse or spouse with whom the spouse or spouse with whom the spouse has entered into a civil union) for whom the child is the primary breadwinner;
- The spouse for whom he or she remains the main support after a legal separation, divorce or dissolution of a civil union.
The Civil Code requires that the notice informing the tenant of the repossession be sent to him within a specific period:
| Duration of the lease | Timelines for notification |
| The lease is for more than 6 months | At least 6 months before the end of the lease |
| The lease is for 6 months or less | At least 1 month before the end of the lease |
| The lease is for an indefinite period | At least 6 months prior to the resumption date |
The Tribunal administratif du logement has created a template for a notice of repossession that landlords can fill out and send to their tenants. This template contains all the information required by law. It is important to note that the notice of takeover must always be in writing. An oral opinion cannot be the basis for the right of repossession.
It should be noted that the landlord has the right to take back the unit with the lowest rent. Indeed, as long as he meets the criteria for proceeding with the takeover, he is free to act in such a way as to make his rental activities as profitable as possible.
Content of the Notice of Takeover
This notice must contain the expected date of the repossession, the name of the beneficiary of the repossession and the nature of the relationship between the landlord and the beneficiary. Case law specifies that only one person can be designated as a beneficiary and that person must be clearly identified.
It is important to know that most of the time, case law does not consider a notice of repossession to be invalid because it contains an anomaly, such as the absence of a reference to the protection of elderly tenants. The notice will only be invalidated if it is proven that the anomaly caused serious harm to the tenant, among other things, because he could have benefited from this information, for example.
Tenant’s response to the notice of repossession
The tenant has one month from the date of receipt of the notice to notify the landlord of his acceptance or refusal of the repossession. If, at the end of this period, the tenant has not provided a response, it is presumed that the tenant has refused the repossession.
The tenant may apply to the court for an order that the repossession be made on a date later than the date provided for in the notice, under the Civil Code.
What the landlord can do if the tenant refuses
Whether the refusal is clearly expressed or is the result of the tenant’s lack of response, the landlord must obtain the court’s authorization to proceed with the repossession. This request must be made within one month of the tenant’s refusal. The landlord must show that they genuinely intend to repossess the unit for the reason stated in the notice and that the repossession is not an excuse to achieve other purposes, such as getting rid of a tenant.
The court also verifies that the landlord’s plan to occupy the repossessed dwelling himself or to move someone else into it is permanent. The case law has determined that if the reason for the repossession is to facilitate the sale of a house, in particular because the presence of a tenant is disadvantageous to a new purchaser and does not make the house attractive, and therefore the repossession is only temporary, the Tribunal must reject it.
However, the permanent nature of the takeover does not require continuous occupancy of the dwelling. Indeed, it is quite possible that the occupation is intermittent, for example only a few days a week.
The landlord’s project must also be concrete, feasible and have a high degree of certainty. Thus, the Tribunal has already rejected an application for repossession in favour of the landlord’s father, because the landlord was living abroad at the time and there was nothing in the evidence to indicate that he would obtain the visa allowing him to immigrate to Quebec. As a result, the landlord’s project was too uncertain.
Indemnity awarded to the tenant as a result of the repossession
When the court authorizes the repossession, it may impose conditions that it considers fair and reasonable, including the payment of compensation equivalent to the tenant’s moving expenses. However, the tenant must apply for this indemnity at the time the court grants permission to proceed with the repossession. Otherwise, the tenant will not be able to receive one.
Moving costs also include other costs such as hook-up fees.
In principle, the tenant is not entitled to any compensation other than that for moving expenses. The Court has previously held that the tenant is not entitled to additional compensation because the repossession of the dwelling is simply an expression of the landlord’s right to repossess his property. However, sometimes the court will increase the amount of compensation depending on the age of the tenant or their physical condition, for example.
Landlord’s obligation to comply with the court’s notice or conditions
In addition to having to compensate the tenant, the landlord must also comply with the terms of the notice of repossession or the court.
The law provides that a dwelling that is being repossessed cannot be used for any purpose other than that for which the right of repossession is exercised, unless the landlord obtains permission from the court. When the court allows the landlord to re-let the unit instead of repossessing, the court must set the rent to prevent abuse by the landlord. The court may also require the landlord to give priority to the former tenant.
Reasons why a takeover would be illegal
First of all, a repossession is illegal if the landlord did it in bad faith, that is, with bad intentions. For example, a landlord who repossesses his unit in order to get rid of a tenant who knows his rights and does not hesitate to defend them is acting in bad faith, or in order to increase the rent excessively. However, the mere fact that the court did not seek permission to rent the unit after the repossession does not constitute bad faith.
The tenant has been 3 years since he discovered that the repossession was made in bad faith to refer the matter to the Administrative Housing Tribunal. They can ask the landlord to pay moral damages, but also punitive damages. These are not a sum of money to compensate for an injury suffered by the tenant, but are an amount imposed on the landlord who has acted improperly in order to dissuade anyone else from following his example.
A repossession is also illegal if it is made by the owner of an undivided share in an immovable, unless there is only one other co-owner and the latter is the owner’s spouse.
It is also illegal if the tenant or the tenant’s spouse is 70 years of age or older at the time of the repossession, has lived in the dwelling for 10 years and has an income equal to or less than the maximum income that would allow him or her to qualify for low-income housing. However, this resumption is possible despite the fulfilment of the above conditions if one of the following three situations is present:
- The landlord is 70 years of age or older and wants to repossess the dwelling for housing;
- The beneficiary of the trade-in is 70 years of age or older;
- The landlord is 70 years of age or older, lives in the same building as the tenant whose dwelling he or she wants to repossess and wants to repossess it for the purpose of housing a beneficiary under the age of 70.
This last exception allows an elderly landlord to benefit from the presence of a younger person nearby to help with household chores.
In addition, a landlord cannot repossess a dwelling unless the tenant consents, if the landlord owns another unit that is vacant or offered for rent on the date scheduled for repossession and that is of the same type as the one occupied by the tenant, of equivalent rent and located in the vicinity.
The landlord cannot also repossess a dwelling if it is a business or a legal person. Thus, a shareholder of a company that rents out housing cannot avail itself of the right to repossess.
Given the various conditions that exist in the law regarding the repossession of a dwelling, it is strongly advised that you contact a lawyer when you receive a notice of repossession, if you are a tenant, or if you are considering initiating such a procedure if you are a landlord. We help you with:Landlords’ law, Death of the tenant, Eviction, Non-payment of rent and frequent delays, Takeover of housing, Termination, subletting and assignment of lease