Article 1965 C.c.Q.: Indemnity for repossession and eviction

The lessor shall pay to the evicted lessee reasonable moving expenses as well as an indemnity equal to one month’s rent for each year of uninterrupted lease of the dwelling by the lessee, which indemnity may not however exceed an amount representing 24 months’ rent or be less than an amount representing 3 months’ rent. If the lessee considers that the injury suffered warrants a greater indemnity, the lessee may apply to the court to have the amount fixed. Unless the court decides otherwise, the indemnity is payable at the expiry of the lease; the moving expenses are payable on presentation of vouchers.

Civil Code of Québec, art. 1965 C.c.Q.

What this article means

Article 1965, as reformed by Law 31 in 2024, provides a mandatory minimum indemnity for a tenant evicted through a repossession or eviction. This indemnity has two parts: reasonable moving expenses, and an indemnity equal to one month's rent for each year the tenant has continuously rented the dwelling.

The rent-based indemnity is subject to a floor and a ceiling: a minimum of 3 months' rent and a maximum of 24 months' rent. A tenant who has lived in the dwelling for 5 years is entitled to 5 months of indemnity; a tenant who has been there for 30 years is entitled to the maximum of 24 months. For tenants who have been in place for less than 3 years, the indemnity is still 3 months.

A tenant who feels the injury suffered exceeds this minimum indemnity can ask the TAL (Tribunal administratif du logement) to set a higher amount. The indemnity is payable when the lease expires, unless the tribunal decides otherwise, and moving expenses are payable on presentation of supporting documents.

What it means for you

If you are a tenant

Calculate your exact indemnity based on how long you have lived there: one month's rent per full, uninterrupted year, with a minimum of 3 and a maximum of 24 months. Add your reasonable moving expenses (truck rental, packing, storage, hookup fees).

Keep every receipt related to the move. Do not agree to leave before you have received the indemnity, or get a written commitment from the landlord on how it will be paid. If you believe the injury you suffered is greater (a rent gap with your new dwelling, a longer commute, family disruption), you can ask the TAL (Tribunal administratif du logement) to increase the indemnity.

If you are a landlord

The repossession indemnity is a substantial cost since Law 31. Calculate it precisely: 1 month's rent per year of occupancy, a floor of 3 months, a ceiling of 24 months, plus reasonable moving expenses. For a tenant who has been in place for 10 years at $1,500 a month, the minimum indemnity reaches $15,000 plus moving expenses.

Build this cost into your financial planning from the very start of the repossession project. Pay on time: a failure to pay can block the repossession and increase your liability. If the tenant asks for a higher indemnity, weigh the risk before contesting: the TAL (Tribunal administratif du logement) can impose a larger amount if the injury suffered justifies it.

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 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