Eviction

Ingredients

  • rent receipts
  • letters/emails from your landlord

Eviction is serious business and no one is ever quite prepared for it. Don’t panic!  Keep in mind you probably won’t  get thrown out of your place without warning. Eviction is often used as a mechanism to threaten tenants, however landlords must follow an official process which provides tenants the opportunity to respond appropriately and ultimately protect themselves from getting kicked out.  Eviction often happens because of non-payment of rent, although other issues, such as excessive noise complaints, can also make you vulnerable to eviction threats.  Eviction happens when tenants fail to fulfil their responsibilities as indicated in the lease, therefore keep in mind that this differs from repossession and abandonment.

Instructions:

Tip: Make sure you  keep all letters and forms of correspondence between  you and  your landlord as well as your rent receipts.

  1. To begin the eviction process, the landlord must open a file against you at the Régie du logement. The rental board will then send you a copy of the application. The landlord cannot simply send you a letter in the mail stating that you are evicted! They must go through a formal, legal process.
  2. You will be sent the time and date of your hearing. You can also check this online at http://www.rdl.gouv.qc.ca/en/suivi/suivi.asp .
  3. You should visit a housing committee for assistance in preparing for your hearing. If you are being evicted due to non-payment or late payment of rent please see Paying the rent for more info. Please note that if this is the case you will have a chance to pay the rent in full before or at the hearing and thus will likely not be evicted.

FAQ

Can my landlord evict me if I refuse a rent increase?

No. It is your right as a tenant to refuse a rental increase. Your landlord may then open a file at the Régie du logement to fix the rent, the rent will then be fixed according to the increases seen in different taxes your landlord pays. See Responding to a modification or rental increase for more information.

What if my landlord sends me a written notice in the mail saying I will be evicted if I don’t accept a rent increase?

This is harassment. Your landlord cannot evict you for refusing a rent increase nor can they simply send you a letter stating they will evict you. This is abusing their power as landlords. Read about harassment for more information on how to deal with this issue. The eviction process must go through the Régie du logement so they, along with a bailiff, are technically the ones who evict you.

Can I be evicted for something other than non-payment of rent?

Yes, you can be evicted for things other than non-payment, such as excessive noise complaints. See when neighbors complain about your noise for more information. However, every eviction must go through the legal process set forth by the rental board.