Article 1964 C.c.Q.: Repossession Barred Where an Equivalent Dwelling Is Available

The lessor may not, without the consent of the lessee, avail himself of the right to repossess the dwelling where he owns another dwelling that is vacant or offered for rent on the date fixed for repossession, and that is of the same type as that occupied by the lessee, situated in the same neighbourhood and at equivalent rent.

Civil Code of Québec, art. 1964 C.c.Q.

What this article means

Article 1964 sets an important limit on the right to repossess a dwelling. The landlord may not repossess a tenant's dwelling, without the tenant's consent, if they already own another dwelling that meets four cumulative conditions on the date fixed for repossession: it is vacant or offered for rent, of the same type as the one the tenant occupies, situated in the same neighbourhood, and at equivalent rent.

The logic of this article is to test the reality of the need invoked. If the landlord or the beneficiary of the repossession can be housed in a comparable dwelling they already own nearby, repossessing the occupied dwelling is not justified. The article acts as a safeguard against repossessions that would in fact serve to evict a tenant when an equivalent solution exists.

Each condition (same type, neighbourhood, equivalent rent, availability on the repossession date) is assessed on the facts. It is up to the tenant who contests to raise the existence of such a dwelling, but the analysis rests on the landlord's actual property holdings at the relevant time.

What it means for you

If you are a tenant

If you receive a notice of repossession, check whether your landlord owns another comparable dwelling (vacant or offered for rent, in the same neighbourhood, at equivalent rent) on the date fixed for repossession. If so, article 1964 may bar the repossession without your consent.

Gather evidence: the landlord's rental listings, vacant dwellings in the same building or area, the rents being asked. These elements can be presented if you contest the repossession before the TAL (Tribunal administratif du logement).

If you are a landlord

Before exercising a repossession, keep article 1964 in mind: if you own another dwelling of the same type, in the same neighbourhood, at equivalent rent, and available on the date fixed, you cannot repossess the occupied dwelling without the tenant's consent.

Make sure the need you invoke truly corresponds to the targeted dwelling and not to another of your dwellings that could serve. Document the state of your property holdings on the repossession date, because this question may be raised in the event of a contestation.

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 1961 C.c.Q.: Content of a notice of repossession or eviction
• Article 1958 C.c.Q.: Repossession and Undivided Co-Ownership