As a renter, you may be asked by your landlord to move out for a variety of reasons, whether it’s because of your failure to uphold your obligations according to the lease, or for lawful reasons on the part of your landlord. In Quebec, landlords must follow specific rules when it comes to evictions, and it’s your responsibility to understand what these rules are to ensure that you are not being treated unfairly.
Let’s go into more details about eviction notices in Quebec to help you better understand what rights you have as a renter.
Reasons A Landlord Can Evict You In Quebec
Your landlord can’t just arbitrarily kick you out of your home at any time. They must have a good reason to ask you to vacate the premises. In Quebec, the following reasons allow landlords to lawfully evict a tenant from their property:
Reasons For Repossession
The landlord may ask that you move out in order for the property to be used for their own personal purposes:
- To use the property as a residence for themselves
- To allow the property to be used by their children or parents
- To allow their spouse from whom they are separated or divorced but whom they’re still financially supporting to live there
- To allow any other relative for whom they are financially supporting to live there
The owner cannot repossess the property at any time if they own another property of the same type in the same neighbourhood that’s available for rent on the date set for repossession unless the tenant agrees.
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Reasons For Eviction
The landlord may oblige you to leave in the following cases:
- To divide the unit
- To tear down the unit
- To make the unit bigger
- To change the property’s use
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Reasons for Lease Transfers
Previously, lease transfers were considered a means for housing advocates to pass on low rents and prevent arbitrary rent hikes between tenants.
If you are looking to transfer your lease, you must contact your landlord for permission. In Quebec, the enactment of Law 31 has shifted lease transfer regulations, granting landlords the authority to refuse a lease transfer. In addition, landlords are allowed to terminate a lease if a tenant requests a transfer.
Evictions And Late Payments In Quebec
When a tenant is not paying rent on time, asking the tenant to leave is known as “resiliation of the lease,” not an eviction. The rules surrounding resiliation are different.
Rent is due on the first of the month (or of the week if the lease is on a weekly basis) if no other agreement is in effect and is deemed late on the day after it’s due for payment. The landlord can get a resiliation of the lease if the rent is more than 3 weeks late.
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The tenant could avoid the resiliation by paying any interest charged on top of the rent, as well as the rent overdue and any associated costs, before the judgment.
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Eviction Notice Timeframes
In Quebec, the owner of the rental property must provide ample notice of eviction to the renter. The amount of notice required depends on the length of the lease:
- Leases longer than 6 months: notice must be given at least 6 months before the lease ends.
- Leases 6 months or less: notice must be given at least 1 month before the lease ends.
- Lease with an indeterminate term: notice must be given at least 6 months before the eviction date.
The eviction notice must specify the reason for the eviction and the date that it will take place.
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What To Do If You Get An Eviction Notice In Quebec
If you receive an eviction notice from your landlord, you have some options:
- Agree To The Eviction. In this case, the landlord would pay you 3 months’ worth of rent and any associated moving expenses. You will then have to vacate the property by the date specified in the eviction notice.
- Argue The Eviction In Court. If you feel that you’ve suffered prejudice and believe you’re entitled to a greater amount of damages, you can apply to the court to adjust the amount of the indemnity. You can also object to the eviction entirely and bring your case to the Tribunal administratif du logement (TAL). In this case, your landlord would have to prove that he or she really intends to divide, change, or enlarge the property and is permitted by law to do so.
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Eviction Restrictions In Quebec
Tenants cannot be evicted if they or their spouse are 70 years of age or older, have lived in the unit for at least 10 years, and qualify for a home in low-rental housing under local by-laws.
Is There Compensation For Being Evicted In Quebec?
There may be compensation to tenants in the case of eviction in Quebec, depending on the specific circumstances.
Eviction
If you are being evicted, you’ll be compensated for 3 months’ rent and any reasonable moving expenses. This compensation amount must be paid by the end of the lease. You’ll need to provide supporting documents when collecting moving expenses. If you believe you should be compensated more, you can apply to the TAL.
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Repossession
If you are being asked to vacate due to repossession of the unit by the landlord or a member of the landlord’s family, you’ll need to apply to the TAL to receive compensation for moving expenses, unless you have another agreement with your landlord. If the TAL authorized the landlord to repossess the unit or evict you, it can also oblige the landlord to cover the cost of moving expenses or postpone the date that you must vacate the unit.
FAQs About Eviction Notices in Quebec
Who has the right to repossess an apartment in Quebec?
What can I do if my landlord evicted me in bad faith?
What happens if the eviction does not happen on the scheduled date?
Final Thoughts
There are several valid reasons for landlords to evict or repossess a rental unit, but they must act according to the law in Quebec. As a tenant, you’ll have to follow the law if you are being asked to vacate the premises, as long as the landlord is also acting lawfully. If you believe you are being asked to move out without proper grounds, you may have some recourse and can apply to the TAL for further assistance.
