1. General principle

Repossession of a dwelling is the preferred procedure when the landlord wishes to take back a dwelling in order to live in it themselves or to house a family member who is entitled to such repossession. It is not a mechanism to evict a tenant because of problematic behaviour, nor to carry out repair work. The repossession must serve a real and serious purpose of occupying the dwelling on a permanent basis. 

To carry out a valid repossession, the owner must hold the building in their name alone or with a spouse (article 1958 of the Civil Code of Québec). The term "spouse" here includes de facto, married, and civil-union spouses. 

This means that repossession is not possible where the building is held by a legal person, or by individual co-owners who are not spouses. 

The landlord must also hold two capacities at once — that of landlord and that of owner. It is therefore important to verify this situation, especially where a property manager is involved, to make sure the person exercising the right of repossession is legally entitled to do so.

Authorized beneficiaries of the repossession

The beneficiaries of a repossession are limited to the following persons only (article 1957 of the Civil Code of Québec):

  • the landlord themselves;
  • their first-degree ascendants (parents);
  • their first-degree descendants (children);
  • any other relative or relative by marriage of whom they are the principal support (financial or moral);
  • a spouse for whom they remain the principal support (financial or moral) after legal separation, divorce, or dissolution of the civil union.

Protection for tenants aged 65 and over

Article 1959.1 of the Civil Code of Québec provides a special protection for certain tenants. The landlord cannot repossess a dwelling when all of the following conditions are met at the time of repossession:

  • the tenant or their spouse is 65 years of age or older;
  • the tenant has occupied the dwelling for at least 10 years;
  • the tenant has an income equal to or below 125% of the eligibility threshold for low-rental housing.

Exceptions to the protection

Even when all three conditions are met, the landlord may still repossess the dwelling in the following situations:

  • the landlord is themselves 65 years of age or older and wishes to repossess the dwelling to live in it;
  • the beneficiary of the repossession is 65 years of age or older;
  • the landlord is an owner-occupant 65 years of age or older and wishes to house, in the same building, a beneficiary under 65.

2. Notice deadlines

Deadlines to follow

Lease of more than 6 months

At least 6 months before the end of the lease.

Lease of 6 months or less

At least 1 month before the end of the lease.

Indeterminate-term lease

At least 6 months before the intended repossession date.

3. Content of the notice

The notice of repossession must contain certain information to be considered valid. Article 1961 of the Civil Code of Québec provides that the notice must indicate the date scheduled for the repossession, the name of the beneficiary, and where applicable, the beneficiary's degree of relationship or relationship with the landlord. The notice must also reproduce the content of article 1959.1 of the Civil Code of Québec. CORPIQ provides a valid notice of repossession template that complies with the current legislation.

4. Tenant's response

Once the notice of repossession is received, the tenant has one month to respond, failing which they are deemed to have refused to leave the dwelling (article 1962 of the Civil Code of Québec). A template tenant response to a notice of repossession is available in our model letters and forms. Although its use is not mandatory, it is recommended to attach it to the notice of repossession in order to make it easier for the tenant to respond and to ensure compliance with the prescribed deadlines. If the tenant accepts the repossession, it is best to keep the written proof obtained within the deadlines in your records.

5. If the tenant refuses

If the tenant refuses the repossession, the landlord may, within the month following the refusal (express or by silence), file an application for repossession with the Tribunal administratif du logement (TAL).

6. Indemnity

When the TAL authorizes the repossession, it may, under article 1967 of the Civil Code of Québec, order the payment of an indemnity equivalent to moving expenses and impose any conditions it considers just and reasonable.

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