Article 1963 C.c.Q.: Tribunal authorization for repossession

If the lessee refuses to vacate the dwelling, the lessor may nevertheless repossess it or evict the lessee with the authorization of the court. The application for authorization must be made within one month after the refusal by the lessee; the lessor shall show the court that he truly intends to repossess the dwelling or evict the lessee for the purpose mentioned in the notice and not as a pretext for other purposes and, in the case of an eviction, that the subdivision, enlargement or change of destination of the dwelling is permitted by law.

Civil Code of Québec, art. 1963 C.c.Q.

What this article means

Article 1963 establishes that when a tenant refuses to leave (explicitly, or through silence under article 1962), the landlord cannot act on their own. They must obtain authorization from the TAL (Tribunal administratif du logement) before repossessing the dwelling or evicting the tenant.

The landlord must file their application within the month following the tenant's refusal. The TAL then holds a hearing where both parties present their arguments. The burden of proof is on the landlord: it is up to them to show that the repossession is sincere and that the beneficiary genuinely intends to live in the dwelling.

Several signs can reveal a bad-faith repossession: the landlord has other vacant units in the same building, the beneficiary already has satisfactory housing, the landlord has taken steps to re-rent the dwelling at a higher price, or the building is being sold. The TAL examines all the evidence and can refuse authorization if it is not convinced the request is sincere.

What it means for you

If you are a tenant

The hearing at the tribunal is your chance to show that the repossession is abusive or unjustified. Gather evidence: listings for similar dwellings in the building, messages from the landlord suggesting other motives, statements from neighbours, and anything showing the beneficiary does not really need this dwelling.

If you have lived in the dwelling for many years, or if you are elderly or vulnerable, say so. These factors alone will not block a sincere repossession, but they are part of the TAL's overall assessment. You can also invoke the protection in article 1959.1 if you meet its conditions (65 or older, 10 years of occupancy, modest income).

If you are a landlord

Your sincerity will be closely scrutinized. Prepare a file that clearly shows the beneficiary's real need: a current lease ending, inadequate housing, closeness to work or school, family needs. Ideally, the beneficiary should testify in person.

Avoid anything that contradicts your stated intention: do not put the building up for sale, do not carry out major renovations in anticipation of re-renting, and do not communicate with the tenant in a way that suggests the repossession has other goals. Consistency is key.

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 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