Article 1968 C.c.Q.: Damages for a bad-faith repossession or eviction
The lessee may recover damages resulting from repossession or eviction, whether or not he has consented to it, unless the lessor proves that the repossession or eviction was in good faith. The lessee may also apply for punitive damages against the lessor if the lessee shows that the repossession or eviction was in bad faith.
Civil Code of Québec, art. 1968 C.c.Q.
What this article means
Article 1968 severely penalizes bad-faith repossessions and evictions. If a tenant leaves the dwelling after a repossession, and the landlord does not move the designated beneficiary in or uses the dwelling for purposes other than those stated in the notice, the tenant can claim damages.
An important point: the burden of proof is reversed. It is up to the landlord to show that the repossession was made in good faith, not up to the tenant to prove bad faith. This reversal protects tenants who, once they have moved out, can no longer easily monitor how the dwelling is actually used.
Compensatory damages can include: the rent gap between the old and new dwelling, additional moving expenses, the inconvenience suffered, and the costs of an unwanted move. Punitive damages, awarded when bad faith is shown, can reach significant amounts: case law reports awards ranging from a few thousand to several tens of thousands of dollars.
What it means for you
If you are a tenant
After moving out following a repossession, keep an eye on the dwelling. If you notice it being re-listed on rental sites, left vacant, or used for other purposes (Airbnb, an office, and so on), you have recourse. Take screenshots of the listings, photos of the dwelling, and gather statements from neighbours.
The courts take fraudulent repossessions very seriously. You can recover all of your damages (the rent gap, moving expenses, inconvenience) plus substantial punitive damages. Consult a tenants' rights organization or a lawyer to make the most of your claim. The general 3-year limitation period (article 2925) applies.
If you are a landlord
If you carry out a repossession, the beneficiary must actually live in the dwelling for a reasonable period. Never try to use a repossession as a scheme to evict a tenant and re-rent at a higher price: the penalties are heavy and the courts are very watchful.
If circumstances change after you send the notice of repossession (the beneficiary no longer needs the dwelling), tell the tenant immediately and offer to let them stay. Pursuing a repossession whose reasons no longer exist is clear bad faith. Keep proof that the beneficiary actually lived in the dwelling (utility bills, mail, photos) so you can defend yourself if a challenge arises.
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 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