Article 1957 C.c.Q.: Right to repossess a dwelling

The lessor of a dwelling who is the owner of the dwelling may repossess it as a residence for himself or herself or for ascendants or descendants in the first degree or for any other relative or person connected by marriage or a civil union of whom the lessor is the main support. The lessor may also repossess the dwelling as a residence for a spouse of whom the lessor remains the main support after a separation from bed and board or divorce or the dissolution of a civil union.

Civil Code of Québec, art. 1957 C.c.Q.

What this article means

Article 1957 defines the landlord's right of repossession: the right to take back a rented dwelling to house a designated beneficiary. This right is limited to a narrow circle of people: the landlord themselves, their children or parents (ascendants and descendants in the first degree), or someone for whom the landlord is the main financial support.

Repossession is a personal right that belongs only to a landlord who is a natural person. A legal person (a company or corporation) cannot repossess a dwelling. When a building is owned by several undivided co-owners, repossession is subject to the restrictions in article 1958.

Repossession must be carried out in good faith. The landlord must genuinely intend to house the beneficiary in the dwelling they are taking back. A repossession used as a pretext to evict a tenant and re-rent at a higher price is a bad-faith repossession, which is penalized under article 1968.

What it means for you

If you are a tenant

If you receive a notice of repossession, know that you have the right to contest it. You do not have to leave until the TAL (Tribunal administratif du logement) has authorized the repossession. You can ask the TAL to verify that the repossession is being made in good faith and that the beneficiary truly intends to live in the dwelling.

If you are 65 or older, have lived in the dwelling for at least 10 years, and your income is at or below the set threshold (article 1959.1), you have stronger protection against repossession. If the repossession is authorized, you are entitled to an indemnity (article 1965).

If you are a landlord

The right of repossession is a real right, but a regulated one. You must show the TAL (Tribunal administratif du logement) that your intention is sincere and that the beneficiary will actually live in the dwelling. Prepare evidence of the intent to occupy: the beneficiary's current housing situation, the reasons this particular dwelling was chosen, and how long they plan to stay.

The TAL weighs several factors: the tenant's age, how long they have lived there, whether other housing is available to them, and the consequences of the eviction. Be ready to show that the repossession is a genuine need and not a pretext.

Related articles

• Article 1960 C.c.Q.: Notice of repossession: deadlines
• Article 1962 C.c.Q.: Tenant's reply to a notice of repossession
• Article 1963 C.c.Q.: Tribunal authorization for repossession
• Article 1965 C.c.Q.: Indemnity for repossession and eviction
• Article 1968 C.c.Q.: Damages for a bad-faith repossession or eviction
• Article 1959.1 C.c.Q.: Protection for senior tenants against repossession
• Article 1961 C.c.Q.: Content of a notice of repossession or eviction
• Article 1964 C.c.Q.: Repossession Barred Where an Equivalent Dwelling Is Available
• Article 1958 C.c.Q.: Repossession and Undivided Co-Ownership