The Civil Code of Québec provides for a tenant’s personal right to remain in the premises, even if the building in which he or she is located changes hands.
Indeed, the new landlord cannot evict a tenant as he sees fit, even if he is not the one who initially entered into the lease with the tenants present. In other words, the new buyer cannot evict the tenants or their belongings.
In addition, the landlord is bound by the existing lease and cannot arbitrarily impose its own standards. It is therefore important to be aware of your rights as a tenant when there is a change of landlord.
We demystify the tenants’ law applicable in the case of the sale of the property.
The right to remain in the premises
The sale of the building does not have the effect of terminating the lease. Indeed, the law provides that the rights and obligations resulting from the lease are transferred to the new owner:
The voluntary or forced alienation of a dwelling unit, or the extinguishment of the landlord’s title, does not allow the new landlord to terminate the lease. This is continued and can be renewed like any other lease.
The new landlord has the rights and obligations to the tenant under the lease.
Thus, the tenant not only retains his right to stay in his dwelling for the duration of his lease, but he also has the right to automatic renewal under the same conditions. In this way, if the new landlord wishes to increase the rent, he must comply with his obligations under the law. Among other things, it must send a notice that complies with the law within a specific time limit.
The new landlord has the same rights and obligations as the old landlord. In this sense, the new landlord must continue to provide peaceful enjoyment of the unit and must ensure that all necessary repairs are made to keep the unit in good condition for the tenants.
The tenant has the right to remain in the premises, and the new owner can only evict him in the cases provided for by law. One of the exceptions provided for by law to the general principle of the right to remain in the premises is the right to repossess the dwelling. Thus, although the tenant has the right to remain in the premises and the automatic renewal of the lease, the new landlord can benefit from this right, like any long-term landlord, and request the repossession of the unit.
Optional Advance Notice
In addition, the landlord is not required to obtain the tenants’ consent or to communicate to them his intention to sell the unit. However, this information can be communicated as a courtesy to tenants, in order to promote a smooth transition.
If you believe that your rights are not being respected, do not hesitate to contact our team specialized in rental law to find out what your options are.
Our lawyers help you with: Tenants’ rights, Abandonment of the dwelling, Pets, Rent increase, Deposit application, Rent deposit, Rodent infestation, Unfit for habitation, Delivery obligations, Repairs, Neighbourhood disturbances, Validity of the lease, Sale of housing