Article 1959.1 C.c.Q.: Protection for senior tenants against repossession

The lessor may not repossess a dwelling or evict a lessee if the lessee or the lessee’s spouse, at the time of repossession or eviction, is 65 years of age or over, has occupied the dwelling for at least 10 years and has income equal to or less than 125% of the maximum income qualifying the lessee or spouse for a dwelling in low-rental housing according to the By-law respecting the allocation of dwellings in low rental housing (chapter S-8, r. 1). However, the lessor may repossess the dwelling if (1) the lessor is 65 years of age or over and wishes to repossess the dwelling as a residence for himself; (2) the beneficiary of the repossession is 65 years of age or over; (3) the lessor is an owner-occupant 65 years of age or over and wishes to have a beneficiary less than 65 years of age reside in the same immovable as himself. The Société d’habitation du Québec shall publish the maximum income thresholds qualifying a lessee for a dwelling in low-rental housing on its website.
Civil Code of Québec, art. 1959.1 C.c.Q.

What this article means

Article 1959.1, amended by Law 31 in June 2024, gives senior tenants stronger protection against repossession and eviction. Before the reform, the minimum age for protection was 70; it is now 65, extending protection to hundreds of thousands more Quebecers.

Three conditions must all be met to qualify for the protection: (1) the tenant or their spouse is 65 or older at the time of the repossession; (2) they have lived in the dwelling for at least 10 years; and (3) their income is at or below 125% of the low-rental housing (HLM) eligibility threshold, a threshold published by the Société d'habitation du Québec. If all three conditions are met, the repossession is simply prohibited : the landlord cannot proceed, even with authorization from the TAL (Tribunal administratif du logement).

Three exceptions do exist, however: the landlord can still repossess the dwelling (a) if they are themselves 65 or older and want to live there, (b) if the beneficiary of the repossession is 65 or older, or (c) if the landlord is an owner-occupant 65 or older who wants to house a beneficiary under 65 in the same building as themselves. These exceptions preserve the ability of seniors to exercise their own family rights.

What it means for you

If you are a tenant

If you (or your spouse) are 65 or older, have lived in your dwelling for 10 years or more, and have a modest income, you are likely protected against any repossession. Check the HLM eligibility threshold published by the Société d'habitation du Québec for your region and family situation : the threshold is then multiplied by 1.25 to give your income ceiling.

If you receive a notice of repossession and think you are protected, invoke article 1959.1 right away in your written reply (within the one-month deadline set by article 1962). Gather your evidence: identity documents showing your date of birth, copies of earlier leases proving 10 years of occupancy, notices of assessment showing your income. Contact a tenants' rights organization for help with your challenge.

If you are a landlord

Before sending a notice of repossession, check whether the tenant is likely protected by article 1959.1. If you think they meet all three conditions, the repossession is probably impossible: unless one of the three exceptions applies to your situation. A repossession that is contested and refused will cost you time and resources.

If you yourself are 65 or older and want to take back the dwelling to live in it, the exception applies: prepare documents proving your age and your genuine intent to occupy. If the designated beneficiary is 65 or older (a parent, for example), the exception also applies. Carefully document the relationship and the intent.

Article 1959.1 C.c.Q.: Protection for senior tenants against repossession

What this article means

What it means for you

If you are a tenant

If you are a landlord

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