Repossession and eviction in Quebec: the rules since 2024

Repossession or eviction: two different remedies

Repossession (reprise de logement) lets an owner live in the dwelling or house a close relative there. Eviction (éviction) is for subdividing the dwelling, enlarging it substantially or changing its use (art. 1959 of the Civil Code of Québec, C.C.Q.). In both cases, a tenant's refusal leads to the Tribunal administratif du logement (TAL), Québec's housing tribunal.

Who can repossess

Only an owner of the dwelling can repossess it; a legal person, such as a corporation, cannot. If the building has several co-owners, repossession is generally possible only when the sole other co-owner is the owner's spouse, with exceptions for some older acquisitions.

The beneficiary can be:

• the owner;
• the owner's father, mother, son or daughter;
• any other relative or in-law of whom the owner is the main support;
• a former spouse the owner still mainly supports after a separation, divorce or dissolution of a civil union.

What an eviction requires

The landlord must prove to the TAL a real intention to subdivide, enlarge or change the use of the dwelling and, since Bill 31, that the law allows it, zoning for example (art. 1963). A moratorium blocks them until June 6, 2027.

The notice: when to send it and what it must say

Like every notice about the lease, a repossession or eviction notice must be in writing, sent to the address in the lease and written in the language of the lease (art. 1898). The timing depends on the lease term (art. 1960):

For a 12-month lease ending June 30, 2027, make sure the tenant receives the notice no later than December 31, 2026, and keep proof of the date of receipt.

• Repossession notice: the beneficiary's name, their relationship to the owner, the planned date and the text of art. 1959.1.
• Eviction notice: the planned date, the reason and the text of art. 1959.1.

A silent tenant has refused

The tenant has 1 month after receiving the notice to answer. With no answer, the tenant is deemed to refuse to leave. That was already the rule for repossession; Bill 31 extended it to eviction for notices sent on or after February 21, 2024 (art. 1962).

After a refusal, or once the tenant's answer period has run out, the landlord has 1 month to apply to the TAL (art. 1963). The burden of proof is on the landlord. So don't wait for the lease to end to act.

Senior tenants protected since June 2024

No repossession or eviction is allowed if, on the date of the repossession or eviction, the tenant or their spouse meets all three conditions (art. 1959.1):

1. is 65 or older;
2. has lived in the dwelling for at least 10 years;
3. has an income at or below 125% of the maximum income to qualify for low-rental housing (HLM).

These criteria come from Bill 65, not from Bill 31. Before, protection started at 70, with income up to 100% of the HLM threshold. The old criteria still apply to notices sent before May 22, 2024 and to some files started before June 6, 2024.

Exceptions, for repossession only

• The owner is 65 or older and wants to live in the dwelling.
• The beneficiary is 65 or older.
• An owner-occupant aged 65 or older wants to house a younger beneficiary “in the same building” according to the TAL, “in the same dwelling” according to the lease form: check the wording of art. 1959.1.

No evictions before June 6, 2027

Bill 65 bans evicting a tenant to subdivide, enlarge or change the use of a dwelling before June 6, 2027. The ban has applied since June 6, 2024, including to evictions already under way. It does not cover repossession.

Exempt: notices sent before May 22, 2024 and some May–June 2024 cases, territories the government exempts, and some closures of private seniors' residences (RPA).

It ends early if CMHC's vacancy rate for all Québec urban centres of 10,000 people or more reaches 3%: 60 days after the minister's notice in the Gazette officielle, unless the government decides otherwise.

A tenant evicted in breach of the moratorium can claim the art. 1965 indemnity, damages and punitive damages.

Indemnities and bad-faith repossession

Eviction: one month's rent per year of occupancy

For an eviction notice sent on or after February 21, 2024, the landlord pays reasonable moving expenses plus an indemnity of one month's rent for each year of uninterrupted occupancy, at least 3 and at most 24 months' rent (art. 1965, rewritten by Bill 31). Before, it was a flat 3 months' rent plus moving expenses.

On a $1,200 rent, 8 years of occupancy means $9,600; 2 years, the $3,600 minimum; 30 years, the $28,800 maximum. Moving expenses are added, and the tenant can ask the TAL for more if the harm justifies it. Unless the TAL decides otherwise, the indemnity is payable at the end of the lease and moving expenses are paid on receipts.

Repossession: no statutory minimum

The law sets no minimum indemnity for a repossession, but the TAL can impose the conditions it considers just and reasonable, including payment of moving expenses (art. 1967).

Bad faith is expensive

Since Bill 31, a tenant can claim damages after a repossession or eviction, whether or not they agreed to leave, unless the landlord proves good faith (art. 1968). A repossession or eviction obtained in bad faith also opens the door to punitive damages. Keep proof that the beneficiary really moved in or that the work took place.

Common questions

My tenant didn't answer my repossession notice. Are they leaving?

No. Silence counts as a refusal. You have 1 month from the end of the tenant's answer period to apply to the TAL.

At what age is a tenant protected from repossession?

At 65 since June 6, 2024, with at least 10 years in the unit and an income at or below 125% of the HLM threshold, subject to the exceptions above.

Can I evict a tenant to enlarge a unit in 2027?

Not before June 6, 2027, unless a Bill 65 exemption applies. Repossession remains possible.