Article 1962 C.c.Q.: Tenant's reply to a notice of repossession

Within one month after receiving a notice of repossession or of eviction, the lessee is bound to notify the lessor as to whether or not he intends to comply with the notice; otherwise, he is deemed to have refused to vacate the dwelling.

Civil Code of Québec, art. 1962 C.c.Q.

What this article means

Article 1962 governs the tenant's reply to a notice of repossession or eviction. The tenant has one month after receiving the notice to respond. Unlike a notice of a rent increase (article 1945), where silence counts as acceptance, here the tenant's silence is deemed a refusal to leave. The landlord must then go to the TAL (Tribunal administratif du logement) to obtain authorization for the repossession (article 1963).

The reply can be explicit: the tenant agrees to leave (and then works out the terms), or refuses outright. In either case, it is wise to reply in writing to avoid any ambiguity. A tenant who agrees can still negotiate the terms of departure, especially the exact date and the indemnity to be paid.

Silence produces the same effect as an express refusal: it forces the landlord to obtain authorization from the tribunal. This is a strong protection for tenants, who do not lose their rights by doing nothing and can never be evicted without an order from the TAL.

What it means for you

If you are a tenant

Whether you actively contest or stay silent, the outcome is the same: the landlord will have to obtain authorization from the TAL (Tribunal administratif du logement). Even so, it is better to contest actively by sending a written notice of refusal. This makes your position clear and prepares you for the hearing.

If you send a written reply, keep a copy and proof that you sent it. At the hearing, you can present the factors that weigh in your favour: your age, how long you have lived there, your health, how hard it would be to find a comparable dwelling in the neighbourhood, and above all, anything suggesting the repossession is not sincere.

If you are a landlord

If the tenant refuses or does not reply within the one-month deadline, you must file an application for authorization with the TAL (Tribunal administratif du logement) within the following month (article 1963). Do not let this deadline slip: your right to repossess for this period is at risk.

Prepare solid evidence for the hearing: the beneficiary's current housing situation, the reasons this specific dwelling was chosen, and the beneficiary's own testimony confirming their intention to live there. The TAL can refuse the repossession if it finds that the consequences for the tenant are disproportionate to your need.

Related articles

• Article 1957 C.c.Q.: Right to repossess a dwelling
• Article 1960 C.c.Q.: Notice of repossession: deadlines
• 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