You received a notice of repossession of your dwelling: what should you do?

Receiving a notice of repossession does not mean you have to leave. Repossession is subject to strict conditions, and it is up to the landlord to show it is genuine. This guide explains how to check the notice's validity, what your possible responses are, and why it matters to respond in writing with proof of receipt. This is general legal information, not advice tailored to your situation.

Check the notice's validity

Before deciding anything, make sure the notice meets the requirements of the law. An incomplete or late notice can be contested and declared invalid by the tribunal.

The deadline depends on the term of your lease. For a fixed-term lease, the notice must reach you at least six months before the lease expires; that deadline drops to one month only if the lease runs for six months or less. For an indeterminate-term lease, the notice must be given six months before the planned repossession date (art. 1960 C.c.Q.).

The notice must also contain specific particulars: the planned date for exercising the repossession, the name of the beneficiary and, where applicable, their degree of kinship or relationship to the landlord (art. 1961 C.c.Q.). Finally, only the landlord can repossess the dwelling, and only to house certain people: themselves, a first-degree ascendant or descendant, any other relative or in-law for whom they are the main financial support, or a spouse for whom they remain the main financial support after a separation, divorce or dissolution of a civil union (art. 1957 C.c.Q.).

• Fixed-term lease: notice received at least 6 months before the end of the lease (1 month if the lease runs 6 months or less)
• Indeterminate-term lease: notice given 6 months before the repossession date
• The notice states the repossession date, the beneficiary's name and their relationship (art. 1961)
• The beneficiary must be a person permitted by art. 1957 (the owner, or a covered relative)

Your three possible responses

From the moment you receive the notice, you have one month to tell the landlord your intention (art. 1962 C.c.Q.). You have three options.

• Accept the repossession: you confirm you will leave by the planned date. You can still negotiate the terms (date, conditions of departure).
• Refuse in writing: you disagree and intend to stay. The landlord will then have to seek TAL authorization and prove the repossession is genuine.
• Negotiate: nothing stops you from discussing a different move-out date, compensation or other arrangements with the landlord, ideally in writing.

If the tribunal ultimately authorizes the repossession, it can impose the conditions it considers just and reasonable, including payment to the tenant of an indemnity equal to moving costs (art. 1967 C.c.Q.). Note: this moving-cost indemnity specific to repossession is not the same as the indemnity of several months' rent provided for an eviction (art. 1965): repossession and eviction are two distinct regimes.

The crucial point: not responding is not neutral. If you let the one-month deadline pass without responding, you are deemed to have refused to leave the dwelling (art. 1962 C.c.Q.). This is the opposite of a lease assignment, where silence means consent. Responding clearly, and being able to prove it, protects you in every case.

Why respond in writing, with proof

The date of your response matters. The one-month clock runs from when you receive the notice, and if a dispute arises you will want to be able to show when and how you responded. A verbal response leaves no trace; a written response with proof of receipt does.

Whether you accept, refuse or propose to negotiate, put your response in writing. With Locato, you fill in your letter from a template, then send it by certified email for $14.99, with a timestamped proof of receipt conforming to the Act to establish a legal framework for information technology (LCCJTI): the exact date your response was received, ready to attach to your file if the dispute reaches the TAL. One nuance: the recipient must have consented to receiving communications by email: if you've never exchanged emails with your landlord, double up with registered mail.

Special protections

The law protects a tenant (or their spouse) who, at the time of the repossession, meets three cumulative conditions: being 65 or older, having occupied the dwelling for at least 10 years, and having an income at or below 125% of the maximum income qualifying for low-rental housing (art. 1959.1 C.c.Q.).

Together, these three conditions bar the repossession, subject to exceptions: if the landlord is themselves 65 or older and wants to live in the dwelling, if the beneficiary of the repossession is 65 or older, or if an owner-occupant aged 65 or over wants to house, in the same building, a beneficiary under 65 (art. 1959.1 C.c.Q.). If you believe you meet these conditions, say so in your written response.

• 65 or older (the tenant or their spouse)
• At least 10 years of occupancy
• Income ≤ 125% of the low-rental housing eligibility maximum

If the landlord is acting in bad faith

If you refuse the repossession, the landlord cannot force you out on their own: they must apply to the TAL for authorization, and that application must be filed within one month of your refusal (art. 1963 C.c.Q.). It is up to the landlord to show they genuinely intend to repossess the dwelling and that it is not a pretext to achieve other ends.

Certain signs can suggest an abusive repossession: the dwelling is re-rented at a higher price shortly after you leave, converted to a short-term rental, or the landlord already owns another vacant dwelling of the same kind, located nearby and at an equivalent rent, that they could live in (art. 1964 C.c.Q.). Document what you observe: rental or sale listings, communications from the landlord, witness statements.

If the tribunal concludes the repossession was in bad faith, it can refuse the application and, where warranted, award the tenant damages. Because the rules are complex and specific to each situation, it is wise to consult a lawyer or a housing committee (comité logement) in your area before contesting a repossession before the TAL.

Frequently asked questions