Article 1960 C.c.Q.: Notice of repossession: deadlines

A lessor wishing to repossess a dwelling or to evict a lessee shall notify him at least six months before the expiry of the lease in the case of a lease with a fixed term; if the term of the lease is six months or less, the notice is of one month. In the case of a lease with an indeterminate term, the notice shall be given six months before the date of repossession or eviction.

Civil Code of Québec, art. 1960 C.c.Q.

What this article means

Article 1960 sets the deadlines for a notice of repossession or eviction. The deadlines depend on the length of the lease: for a fixed-term lease longer than six months, notice must be given at least six months before the lease expires. For a lease of six months or less, the deadline drops to one month. For a lease with an indeterminate term, notice must be given six months before the planned date of repossession or eviction.

These deadlines are strict: a notice sent late is invalid, and the landlord cannot repossess for the lease period in question. They will have to wait for the next cycle to take back the dwelling. The deadline runs from when the tenant receives the notice, not from when the landlord sends it.

Article 1961 sets out what the notice must contain (planned date, beneficiary's name, family relationship). A notice with deficient content, even if sent on time, can also be declared invalid by the TAL (Tribunal administratif du logement).

What it means for you

If you are a tenant

When you receive a notice of repossession, check its timing first: did it reach you at least 6 months before the end of your lease? If your one-year lease ends on June 30, the notice must reach you no later than December 31 of the previous year. If the deadline is not met, the notice is invalid and you can contest it on that basis alone.

Keep the envelope and any timestamp that proves the date you received it. If the notice arrives even a few days too late, you are protected for the entire coming lease year.

If you are a landlord

Calculate the deadlines carefully and send the notice by a method that proves the date of receipt: registered mail with acknowledgement of receipt, or service by a bailiff. A notice sent too late is lost: you will have to wait until the following year to take back the dwelling.

For an indeterminate-term lease, the deadline runs from the desired repossession date, not from the end of a fixed term. Plan your repossession project at least 7 to 8 months ahead to account for the time needed to serve the notice and complete the later steps.

Related articles

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