Definition
An owner's right to take back a rented dwelling to live in it or house a close relative, with notice given at least 6 months before the end of a lease longer than 6 months.
Who can repossess, and for whom
Only the owner of the dwelling can repossess it, and a legal person such as a corporation cannot. With several co-owners, it's generally possible only if the sole other co-owner is the owner's spouse. The beneficiary can be the owner, their father, mother, son or daughter, another relative or in-law they mainly support, or a former spouse they still mainly support.
Notice, reply and the TAL
The notice gives the beneficiary's name, their relationship to you, the repossession date and the text of art. 1959.1 of the Civil Code of Québec (C.C.Q.). It must be given at least 6 months before the end of a lease longer than 6 months: by December 31 for a lease ending June 30. The tenant has one month to answer, and silence counts as a refusal. You must then apply to the Tribunal administratif du logement (TAL) within the following month and prove your intention is genuine.
Since June 6, 2024 (Bill 65), a tenant aged 65 or over who has lived in the dwelling for at least 10 years and whose income is no more than 125% of the maximum income for low-rental housing (HLM) is protected, with some exceptions. There's no minimum compensation, but the TAL can impose conditions, such as moving costs. The tenant can claim damages even after consenting, unless you prove you acted in good faith; a repossession obtained in bad faith opens the door to punitive damages.
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Glossary terms
Official sources
General information, not legal advice
This page summarizes the rules in force in Québec on the update date shown, for information only. It does not replace advice from a lawyer, notary or accountant, nor the official texts: when in doubt, rely on the sources above and on the Tribunal administratif du logement.