5 myths about eviction in Quebec

Myth 1: The landlord can evict you whenever they want

This is probably the most widespread myth among Quebec tenants. The reality is quite different: in Quebec, the right to stay in the dwelling is a fundamental principle protected by the Civil Code. A landlord cannot end a lease simply because they want to. They must invoke a ground provided by law and follow a strict procedure overseen by the TAL (Tribunal administratif du logement).

The only legitimate grounds for eviction are repossessing the dwelling to live in it themselves or to house a close relative (art. 1957 C.C.Q.), subdividing, enlarging, or changing the use of the dwelling, and certain exceptional situations provided by law. Outside of these specific cases, your landlord cannot force you to leave.

If your landlord asks you to leave without invoking a valid legal ground, you are under no obligation to comply. Stay in your home, keep paying your rent, and document any attempt at intimidation or pressure.

Myth 2: Selling the building ends the lease

Many tenants panic when they learn their building has been sold, believing they'll have to move. That's false. Article 1937 of the Civil Code of Québec is clear: the new owner is bound by the existing lease. The sale of a building does not end current leases and does not change your rights as a tenant in any way.

The new owner inherits all of the previous owner's obligations: maintaining the dwelling, honouring the terms of the lease, and respecting the legal deadlines for any change. They cannot impose a new lease on you, raise your rent outside the normal renewal cycle, or ask you to leave on the pretext that they are the new owner.

Be aware, however: the new owner could eventually exercise a right of repossession to live in the dwelling, but only by meeting the conditions and deadlines set by law. It's not automatic, and you can contest the repossession before the TAL.

Myth 3: The landlord can repossess the dwelling with no conditions

The right of repossession exists, but it is strictly governed by articles 1957 and following of the Civil Code of Québec. The landlord must show that they genuinely intend to live in the dwelling themselves, or to house a direct ascendant or descendant, a father, a mother, a child, or any other relative or connection of whom they are the main support.

The notice of repossession must be sent within the legal deadlines: six months before the end of the lease for a lease of one year or more, or one month before for a lease of less than one year. The notice must state the beneficiary of the repossession, the intended date, and the dwelling concerned. Any irregularity in the notice can invalidate the repossession.

What's more, if the landlord is a legal person (a company or partnership), the right of repossession simply does not apply. Only a natural person can exercise this right. And both repossession and eviction are prohibited when the tenant or their spouse is 65 or over, has occupied the dwelling for at least 10 years and has an income below the set threshold, subject to exceptions (art. 1959.1 C.c.Q.).

Myth 4: There's no recourse if the notice was sent on time

Even if your landlord sent a notice of repossession or eviction within the deadlines, you keep the right to contest it. Receiving a notice doesn't mean you automatically have to leave your home. You have one month after receiving it to give notice of your refusal.

If you refuse, it's up to the landlord to apply to the TAL for authorization to repossess the dwelling. The tribunal will then check the landlord's good faith: do they really intend to live in the dwelling? Does the designated beneficiary meet the legal criteria? Are there signs of bad faith, such as a disguised attempt to get rid of a troublesome tenant?

Tribunals take these checks seriously. If the landlord can't demonstrate the sincerity of their approach, the repossession will be refused. And if, after an authorized repossession, the landlord doesn't actually occupy the dwelling, the evicted tenant can claim substantial damages.

Myth 5: A tenant behind on rent can be evicted immediately

Falling behind on rent is a serious situation, but it never leads to an immediate eviction in Quebec. The landlord cannot change the locks, cut off services, or physically force you out. Any measure of this kind is illegal and can give rise to remedies and damages in your favour.

To obtain termination of the lease for non-payment, the landlord must file an application with the TAL. The tribunal will schedule a hearing where you'll have the chance to explain yourself. In many cases, if you pay the arrears before the hearing or demonstrate your good faith, the tribunal may refuse termination and give you time to regularize your situation.

Even after an eviction order from the TAL, a delay is generally granted before it is carried out. Only a bailiff can carry out a physical eviction, and only after all legal deadlines have expired. “Do-it- yourself” evictions are strictly prohibited by law.

Know your rights

Housing law in Quebec strongly protects tenants, but you still have to know your rights to assert them. Faced with an attempt at eviction, the most important thing is not to panic, not to sign anything under pressure, and to respect the deadlines for giving your refusal in writing.

If you're facing an eviction situation or pressure from your landlord, Locato can help you understand your rights and act effectively. Use our tool to analyze an abusive increase or generate a demand letter to defend your rights.