Article 1961 C.c.Q.: Content of a notice of repossession or eviction

In a notice of repossession, the date fixed for the dwelling to be repossessed, the name of the beneficiary and, where applicable, the degree of relationship or the bond between the beneficiary and the lessor shall be indicated. In a notice of eviction, the reason for and the date of eviction shall be indicated. These notices shall reproduce the content of article 1959.1. In the case of a notice of eviction that concerns a dwelling situated in a private seniors’ residence or in another lodging facility where services of a personal nature provided to the lessee are provided to seniors, the notice must also reproduce the content of articles 1955.1 and 1959.2. Repossession or eviction may take effect after the date set forth in the notice, upon application by the lessee and with the authorization of the court.

Civil Code of Québec, art. 1961 C.c.Q.

What this article means

Article 1961 sets out the mandatory content of the notices of repossession and eviction sent by a landlord. A notice of repossession must state three things: the planned date for exercising the repossession, the beneficiary's name, and, where applicable, the degree of family relationship or the connection between the beneficiary and the landlord. A notice of eviction (for subdivision, enlargement, or a change of use: article 1959) must state the reason and the date of the eviction. In both cases, the notice must also reproduce, in full, the content of article 1959.1 on the protection of senior tenants.

When the eviction concerns a dwelling in a private seniors' residence or another facility offering personal-care services, the notice must additionally reproduce the content of articles 1955.1 and 1959.2, which govern these specific situations. These reproduction requirements are essential: omitting them is often fatal to the validity of the notice, because the law wants to make sure the tenant knows their rights before taking a position.

Finally, article 1961 lets the tenant ask the tribunal for a repossession or eviction date later than the one stated in the notice. This flexibility is useful when the planned date falls at a difficult moment (the end of the school year, a busy work period, health reasons). A notice that is incomplete or that omits the required reproductions can be contested by the tenant and declared invalid, forcing the landlord to start the process over.

What it means for you

If you are a tenant

When you receive a notice of repossession or eviction, check its content meticulously. For a repossession: is the date stated? Is the beneficiary's name there? Is the family relationship specified? For an eviction: are the reason and the date stated? In both cases, is the text of article 1959.1 reproduced in full? If your dwelling is in a private seniors' residence, the notice must also reproduce articles 1955.1 and 1959.2. Missing any of these often makes the notice invalid.

If the repossession date falls at a bad time for you (the end of the school year, work reasons, health), you can ask the TAL (Tribunal administratif du logement) to postpone it. Present concrete reasons. Carefully keep the original notice and the envelope to prove the date you received it.

If you are a landlord

Draft your notice with care. For a notice of repossession, clearly state the planned date, the beneficiary's full name, and their family relationship to you. For a notice of eviction, state the precise reason (subdivision, enlargement, change of use) and the date. In both cases, reproduce the text of article 1959.1 in full: this is an unavoidable requirement and leaving it out is a common cause of invalidity. If the dwelling is in a private seniors' residence, add the reproduction of articles 1955.1 and 1959.2.

Use the official form from the TAL (Tribunal administratif du logement): it already contains the mandatory information and reduces the risk of error. Send the notice by a method that proves receipt, within the deadlines set out in article 1960.

Related articles

• Article 1957 C.c.Q.: Right to repossess a dwelling
• 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 1964 C.c.Q.: Repossession Barred Where an Equivalent Dwelling Is Available
• Article 1958 C.c.Q.: Repossession and Undivided Co-Ownership