Repossession vs Eviction
Repossession and eviction are often confused, but they are two distinct regimes under the Civil Code of Québec, with different grounds and (above all) different indemnities. Here's how they compare. This is general legal information, not advice tailored to your situation.
Repossession
- ✓Available to the landlord to house themselves or a relative covered by law: a first-degree ascendant or descendant, a relative or in-law for whom they are the main financial support, or a former spouse for whom they remain the main support after separation from bed and board, divorce or dissolution of a civil union (art. 1957)
- ✓Same notice deadlines as eviction: 6 months before the end of a fixed-term lease (1 month if the lease runs 6 months or less), 6 months for an indeterminate-term lease (art. 1960)
- ✓Reinforced protections for tenants 65 and over and low-income tenants
- ✓The tenant can refuse; the landlord must then obtain TAL authorization and prove good faith (art. 1963)
- ✗No automatic indemnity: if the tribunal authorizes the repossession, it can only order an indemnity equal to moving costs (art. 1967)
- ✗Not allowed if the landlord already owns another vacant dwelling of the same kind, located nearby and at an equivalent rent (art. 1964)
- ✗Tenant silence within the month = refusal, not acceptance (art. 1962)
When to choose Repossession? A landlord who genuinely wants to live in the dwelling or house an eligible relative.
Eviction
- ✓Statutory indemnity for the tenant: reasonable moving costs plus one month's rent per year of uninterrupted occupancy, from a minimum of 3 months to a maximum of 24 months' rent (art. 1965)
- ✓The tenant can ask the tribunal for a higher indemnity if they suffer greater harm (art. 1965)
- ✓Same notice deadlines as repossession (art. 1960)
- ✗Grounds limited to three specific cases: subdividing the dwelling, substantially enlarging it, or changing its use (art. 1959)
- ✗The landlord must obtain TAL authorization if the tenant refuses (art. 1963)
- ✗Tenant silence within the month = refusal (art. 1962)
When to choose Eviction? A landlord who wants to transform the dwelling: subdivide it, substantially enlarge it, or change its use.
Repossession or Eviction: which should you choose?
The key distinction is the indemnity. Repossession carries no automatic indemnity: at most, if it authorizes the repossession, the tribunal can grant an indemnity equal to moving costs (art. 1967). Eviction, by contrast, gives rise to a statutory indemnity: moving costs plus one month's rent per year of occupancy, from 3 to 24 months (art. 1965). Otherwise, the two regimes share the same notice deadlines (art. 1960) and the same response mechanics: within one month of receipt, the tenant's silence counts as a refusal (art. 1962), and the landlord must then obtain TAL authorization (art. 1963). Because contested situations are complex, consult a lawyer or a housing committee.
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The information on this page is general and is not legal advice.