Repossession of a dwelling: your rights when your landlord wants your home back

What is a repossession of a dwelling?

Repossession of a dwelling is the landlord's right to end a tenant's lease in order to take back the dwelling to live in it themselves or to house a family member. That right is governed by articles 1957 to 1970 of the Civil Code of Québec (C.c.Q.) and is subject to strict conditions to protect tenants from abuse.

Only the landlord can exercise this right, and only to house certain specific people: themselves, a first-degree ascendant or descendant, another relative or in-law for whom the landlord is the main financial support, or a spouse for whom the landlord remains the main support after separation from bed and board, divorce or dissolution of a civil union (art. 1957 C.c.Q.). An investor who simply wants to renovate and re-rent at a higher price cannot invoke repossession: that would be an eviction, which follows different rules.

• Arts. 1957 to 1970 C.c.Q.: the legal framework for repossession
• The landlord can repossess for themselves, a first-degree ascendant or descendant, or a relative for whom they are the main support
• The repossession must be in good faith: the landlord must genuinely intend to live in the dwelling
• The beneficiary of the repossession must move in within a reasonable time

The notice of repossession: what it must contain

A landlord who wants to repossess a dwelling must send the tenant a written notice within the deadlines set by law. For a fixed-term lease, the notice must be sent at least six months before the end of the lease; 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 sent six months before the planned repossession date (art. 1960 C.c.Q.).

The notice of repossession must contain specific information: the planned repossession date, the name of the beneficiary and their family relationship to the landlord, and the dwelling concerned. If the notice is incomplete or misses the deadlines, the tenant can contest it and the tribunal may declare it invalid.

A tenant who receives a notice of repossession has one month after receiving it to respond. They can accept the repossession or refuse it. If they don't respond within the month, they are deemed to have refused. The landlord must then apply to the TAL (Tribunal administratif du logement) for authorization to repossess the dwelling.

• Fixed-term lease: notice sent at least 6 months before the end of the lease
• Lease of six months or less: notice sent at least 1 month before the end of the lease
• The notice must state the repossession date, the beneficiary's name and their relationship to the landlord
• The tenant has 1 month to respond: no response counts as a refusal

How to contest a repossession

If you suspect the repossession is in bad faith or is a pretext to push you out, you have the right to contest it. The most common grounds are the landlord's bad faith (they don't actually intend to live in the dwelling) and pretext (the repossession is really about re-renting at a higher price or converting to short-term rentals).

To support your challenge, gather solid evidence. Check whether the landlord owns other vacant units they could live in. Search for rental or sale listings for your home on sites like Kijiji, Facebook Marketplace or Centris. Document any comment from the landlord that hints at their real intentions. Statements from neighbours or former tenants of the same building who went through similar repossessions can also be very useful.

The challenge plays out before the TAL. The landlord bears the burden of proving the repossession is in good faith. If the tribunal concludes it is abusive, it will refuse the application and the tenant can stay in their home. The tribunal can even award the tenant damages if bad faith is shown.

• Bad faith: the landlord doesn't actually intend to live in the dwelling
• Pretext: the repossession is about re-renting at a higher price or converting to Airbnb
• Search for rental or sale listings for your home
• Check whether the landlord owns other vacant units
• The burden of proof is on the landlord before the TAL

Special protections

Quebec law gives reinforced protection to certain senior tenants. Repossession and eviction are prohibited when the tenant or their spouse meets three cumulative conditions at the time of the repossession: being 65 or over, having occupied the dwelling for at least 10 years, and having an income at or below 125% of the maximum income for low-rental housing eligibility (art. 1959.1 C.c.Q.). Repossession remains possible, notably, if the landlord or the beneficiary of the repossession is themselves 65 or over.

Low income or long occupancy alone do not protect a tenant: they are two of the three cumulative conditions of article 1959.1 C.c.Q., together with being 65 or over. Outside that protection, a tribunal hearing a challenge examines whether the repossession plan is genuine and in good faith, on the facts of each file.

• Art. 1959.1 C.c.Q. protection: 65 or over, 10 years of occupancy and income below the threshold (cumulative conditions)
• Exceptions: repossession remains possible notably if the landlord or the beneficiary is themselves 65 or over
• Long occupancy: a factor the TAL weighs in its decision

Preparing your challenge file

If you decide to contest the repossession, a solid file is essential. Gather every relevant document: your lease, the notice of repossession you received, all correspondence with the landlord, your evidence of suspected bad faith, and proof of income if you're invoking the low-income protection.

If you need to formalize your demands in writing (require explanations, contest good faith, claim the prescribed indemnity) Locato lets you send your letter by certified email with a timestamped proof of receipt, ready to attach to your TAL file.

Landlord: the notice of repossession

Are you a landlord who wants to take back a dwelling to live in it or house a relative? The law allows it only if you are genuinely the owner of the dwelling and the repossession is to house a specific person: yourself, one of your first-degree ascendants or descendants (parents, children), any other relative or in-law for whom you are the main financial support, or a spouse for whom you remain the main financial support after a separation from bed and board, a divorce or the dissolution of a civil union (art. 1957 C.c.Q.). If you hold the building in undivided co-ownership, you cannot repossess unless the only other owner is your spouse (art. 1958). Nor can you repossess if you already own another vacant dwelling of the same kind, located nearby and at an equivalent rent (art. 1964).

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

A notice of repossession is valid only if it contains the particulars required by article 1961 C.c.Q.: the planned date for exercising the repossession, the name of the beneficiary and, where applicable, their degree of kinship or relationship to you. A notice that omits any of these particulars, or misses the deadline, can be declared invalid by the tribunal, and you lose a year, because the lease is then renewed on the current terms.

From the moment the notice is received, the tenant has one month to tell you whether they intend to leave or stay. For a repossession, silence works against you: if they do not respond, the tenant is deemed to have refused to leave the dwelling (art. 1962 C.c.Q.): the opposite of a lease assignment, where silence means consent. That is why proof of receipt matters doubly here: the tenant's one-month clock runs from receipt, and you will have to show the notice actually reached them before you can apply to the Tribunal administratif du logement (TAL). If the tenant refuses, your application for authorization must be filed with the TAL within one month of the refusal, and the burden is on you to prove the repossession is genuine and not a pretext (art. 1963).

• You must be the actual owner, to house yourself or a relative covered by art. 1957
• Fixed-term lease: notice at least 6 months before the end (1 month if the lease runs 6 months or less)
• The notice must state the repossession date, the beneficiary's name and their relationship to you (art. 1961)
• Tenant silence = refusal (art. 1962): unlike a lease assignment
• If refused: apply to the TAL within one month, with the burden of proof on the landlord (art. 1963)

Locato lets you send your notice of repossession by certified email, with a timestamped proof of receipt conforming to the Act to establish a legal framework for information technology (LCCJTI): the exact date the notice was received, ready to file with the TAL. Just received such a notice as a tenant? See above what the notice must contain and how to contest a bad-faith repossession.

Managing several dwellings? The Locato Landlord plan bundles every landlord notice (unlimited certified sends with proof of receipt, templates and centralized files) for $99/yr.

Frequently asked questions