Article 1959 C.c.Q.: Eviction for subdivision, enlargement, or change of use
The lessor of a dwelling may evict the lessee to subdivide the dwelling, enlarge it substantially or change its destination.
Civil Code of Québec, art. 1959 C.c.Q.
What this article means
Article 1959 establishes the landlord's right to evict a tenant in order to carry out major transformation work: subdividing a dwelling into several units, substantially enlarging it, or changing its use (for example, converting a dwelling into a commercial space). This right is distinct from repossession: it is not about housing the owner or a relative, but about transforming the dwelling itself.
Unlike repossession, an eviction for work can be exercised by a legal person (a company) that owns the property. The eviction remains strictly regulated, however: the landlord must respect the notice deadlines (article 1960), obtain authorization from the TAL (Tribunal administratif du logement) if the tenant refuses (article 1963), and pay the minimum indemnity set out in article 1965 (moving expenses + 1 month's rent per year of occupancy, minimum 3, maximum 24).
Since the recent reforms, the conditions for eviction have been tightened to give tenants more protection against abusive renovictions. The landlord must show that the project is serious, feasible, and that they hold the necessary municipal permits. A vague or undocumented project will be refused by the TAL.
What it means for you
If you are a tenant
An eviction for work must be authorized by the TAL (Tribunal administratif du logement) if you refuse to leave. You have the right to contest by showing that the project is not serious, that it is really meant to evict you in order to raise the rent, or that the proposed conditions are insufficient. Attend the hearing and assert your rights.
If the eviction is authorized, you are entitled to the indemnity under article 1965: reasonable moving expenses plus one month's rent per year of occupancy (minimum 3 months, maximum 24 months). Renovictions disguised as transformation projects are a recognized problem, and the courts are increasingly strict about them.
If you are a landlord
Before undertaking a transformation project that requires an eviction, make sure you have all the municipal permits and necessary authorizations. The TAL (Tribunal administratif du logement) will check the feasibility and seriousness of your project before authorizing the eviction.
Prepare a realistic budget that includes the indemnities to evicted tenants under the formula in article 1965. Offer fair conditions from the outset: this smooths the process and demonstrates your good faith. A well-prepared, well-documented project has a better chance of being authorized by the TAL.