Article 1936 C.c.Q.: The right to remain in the dwelling
Every lessee has a personal right to maintain occupancy; he may not be evicted from the leased dwelling, except in the cases provided for by law.
Civil Code of Québec, art. 1936 C.c.Q.
What this article means
Article 1936 enshrines one of the foundational principles of Québec residential tenancy law: the right to remain in the dwelling. This personal right belongs to every tenant and means they cannot be evicted from their rented home except in the cases specifically provided by law. It is the cornerstone of tenant protection in Québec.
In practice, the right to remain in the dwelling means the lease renews automatically (article 1941) and the tenant cannot be forced to leave at the end of the lease simply because the term has run out. Only certain specific situations can break this right: repossession of the dwelling by the landlord or a close relative (article 1957 and following), eviction for subdivision or a change of use (article 1959), termination for unpaid rent (article 1971), termination for non-performance (article 1863), or termination by mutual agreement.
This right is a matter of public order: it cannot be set aside by any clause in the lease. A tenant who has signed a lease saying they must leave at the end of the term nonetheless keeps their right to remain in the dwelling. This principle is what makes Québec's rental market fundamentally different from those in the other Canadian provinces and in most countries.
What it means for you
If you are a tenant
Your right to remain in the dwelling is your most fundamental protection. No clause in your lease, no pressure from the landlord, and no supposed "natural end" of the lease can force you out. Only a specific legal procedure (repossession, eviction, termination for fault) can end your lease: and each of those procedures is tightly regulated.
If your landlord tells you "the lease is over, you have to leave," that is false. Ask them what legal basis they are relying on. If it is a repossession, an eviction, or a termination, they have to follow the corresponding procedures and get the TAL's (Tribunal administratif du logement) authorization if you refuse.
If you are a landlord
The right to remain in the dwelling means you cannot simply take back your dwelling at the end of a lease. You have to follow one of the legal procedures provided: repossession (article 1957 and following), eviction (article 1959), or termination (articles 1863, 1971). Each procedure has its own conditions, deadlines, and compensation.
Plan accordingly: if you want to recover a dwelling for yourself or a relative, prepare a repossession within the required deadlines (article 1960). If you want to transform it substantially, prepare an eviction. Never try to get around these procedures through intimidation or harassment (article 1902): the penalties are heavy.
Related articles
- Article 1972 C.c.Q.: Resiliation: Dwelling Unfit for Habitation
- Article 1974 C.c.Q.: Lease termination: disability, low-rental housing, or admission to a CHSLD
- Article 1974.1 C.c.Q.: Lease termination: sexual violence, spousal violence, or violence towards a child
- Article 1975 C.c.Q.: Termination for a tenant who leaves or abandons an unfit dwelling
- Article 1976 C.c.Q.: Termination of a lease accessory to an employment contract
- Article 1863 C.c.Q.: Lease termination for non-performance of obligations