Repossession of a Dwelling

Ingredients

  • Registered letter
  • Lots of patience
  • (Potentially) 1 new dwelling

Is your landlord trying to  give you the boot?  Under Quebec law, tenants who comply with the conditions of the lease may remain in the dwelling for as long as they wish. However, the landlord may reposess the dwelling if they wish to:  a) live there themself, or b) have a family member, relative or spouse move in. In both cases, the landlord must provide  an official notice to the tenant at least 6 months before the end of the lease, if they wish to repossess at the end of the lease term. You have the option of refusing this notice, and often the matter is decided upon by the Régie du Logement. Here’s the process:

Instructions:

First of all, decide if you would like to contest the repossession.

If you want to stay in your dwelling:

  1. Your landlord sends you a notice to repossess,  which must arrive a minimum of six months before the end of your lease in order to be legal. You can either respond by sending a registered letter within one month of the day you recieved the notice stating you do not accept the repossession,  or you may choose not to respond, in which case it is similarly assumed that you refuse the reposession. Wait for a letter informing you of your hearing at the Régie du logement. This hearing must be filed for, by your landlord, within the month following your reply or non-reply; otherwise your landlord cannot repossess the dwelling.
  2. Attend your Régie du logement hearing. The tribunal will either accept or refuse your landlord’s repossession. If they accept your landlord’s repossession notice they will determine a reasonable time delay for you to move out and determine what moving and inconvenience costs your landlord should pay you.
  3. If the repossession is accepted, begin looking for another dwelling.

Or if you accept the repossession of the dwelling:

  1. After your landlord sends you the six months notice letter (six months before the end of your lease) you must send a registered letter to the landlord indicating that you accept the repossession. In this letter you may request that they cover your moving costs.

FAQ

I noticed, following the repossession, that it is neither my landlord nor a member of the landlord's family living in the dwelling, what can I do?

Open a file contesting the repossession  at the Régie du logement.  You may need proof that it is not the landlord or their family living in the dwelling. You likely will not be able to move back into the dwelling, but you may possibly receive compensation.

I noticed that the other dwellings in my apartment building are gradually being converted into condominiums; I’m concerned that my dwelling will soon be repossessed for condo conversion, what should I do?

Before your landlord can perform a condo conversion for your rental unit they must first have the Régie du logement approve it. Once the tribunal approves the conversion, your landlord or any new property owners cannot repossess it. Essentially, they cannot perform the conversion until you decide to move out.

For more information:
http://www.rdl.gouv.qc.ca/en/pdf/reprise.pdf