# Quebec housing — repossession, eviction, and ending a lease

Sources: Éducaloi English capsules (*repossession-of-rental-housing*, *eviction*, *landlord-when-can-they-evict-tenants*, *cancelling-a-lease-because-of-specific-needs*, *ending-a-lease-for-spousal-or-sexual-violence*) — fetched **2026-07**. **No Civil Code article numbers appear in these sources**; none are supplied from memory. The 2024 changes are dated provisions — **verify they're still in force**.

## Three concepts people constantly confuse

| | **Repossession** (*reprise*) | **Eviction** (*éviction*) | **Termination for fault** |
|---|---|---|---|
| **Why** | House the landlord or a qualifying relative | Do something **to the unit** (demolish; normally subdivide/enlarge/change use) | **You breached the lease** |
| **Notice (12-month lease)** | **6 months** before lease end | **6 months** before lease end | **None — there's no notice track** |
| **Your silence** | = **refusal** | = **refusal** | n/a |
| **Who goes to the TAL** | **The landlord**, within 1 month of refusal | **The landlord**, within 1 month of refusal | **The landlord**, after a demand letter |
| **Burden of proof** | **On the landlord** | **On the landlord** | **On the landlord** (serious prejudice) |
| **Compensation** | **None automatic**; TAL may order moving costs | **A formula** — see below | None |
| **Senior protection** | 65+ **and** 10 yrs **and** ≤125% HLM max | Same test (not for demolition) | n/a |

## Repossession (*reprise de logement*)

**Who the landlord may repossess for:** themselves; their **children or parents**; **other relatives or relatives by marriage** *only if the landlord is that person's main source of support*; an **ex-spouse** (married/civil union) after separation *only if the landlord is their main source of support*.

**Who cannot:** **companies** ("only a person can repossess"); **co-owners** unless they're partners (common-law, married, civil union); a landlord who **owns another similar vacant unit nearby at a similar price** (courts weigh size, rooms, layout, location, proximity).

**Notice periods:**

| Lease | Notice |
|---|---|
| **More than 6 months** (incl. 12-month) | **6 months** before the end |
| **6 months or less** | **1 month** before the end |
| **Indeterminate** | **6 months** before the desired date |

The notice must state the repossession date, **who** will live there and their relationship to the landlord, and **the Civil Code section on evicting seniors**. TAL has a model notice.

**Your response:** **1 month** to accept or refuse — **silence = refusal**. The landlord must then accept it or **apply to the TAL within 1 month**. **At the hearing the landlord must prove** they want it for the stated reason and no other motive.

**Compensation:** **none automatic.** The landlord may offer some. If it goes to the TAL, the Tribunal **may** order reasonable **moving expenses** and impose conditions (e.g. postponing the date).

**If the TAL refuses:** you stay, the lease continues; if the decision lands after the renewal date the lease **auto-renews** (the landlord may seek an increase within 1 month). **If you stay past the repossession date with permission, the lease is automatically renewed.**

**Bad faith** (repossessing under false pretenses, to harm you, or unreasonably — e.g. re-renting at a higher rent instead): claim damages (moving costs, rent differential, inconvenience) within **3 years of discovering it**; the TAL may add **punitive damages**. The landlord's defence is proving good faith.

## Eviction (*éviction*)

> **Read this first — the 2024 restriction.** As of **6 June 2024** there is a **Quebec-wide three-year ban** on evictions to **subdivide, enlarge substantially, or change the use** of a rental unit (limited exceptions for notices sent **before 22 May 2024**). During the ban, eviction remains available only to **demolish** the unit, or to **change the use of a unit in a private seniors' residence** (with legal approval). *(Nominally to ~June 2027 — confirm currency. Éducaloi does not name the bill behind it.)*

**Notice:** **6 months** before the end (lease > 6 months); **1 month** (lease ≤ 6 months); **6 months** before the proposed date (indeterminate). Must state the date, the reason, and the Civil Code articles on senior protections (**except** for demolition).

**Your response:** **1 month** to accept or refuse — **silence = refusal**. The **landlord** must apply to the TAL within **1 month**. *Demolition runs on a different track:* you file with the TAL within **1 month**, **or** notify the **municipal clerk** within **10 days**, depending on jurisdiction.

**Compensation — the formula:**

| Length of tenancy | Indemnity |
|---|---|
| **Under 3 years** | **3 months' rent** |
| **3 years or more** | **1 month's rent per year of tenancy**, capped at **24 months** |

**Plus reasonable moving costs in every case.** ⚠️ The widespread "3 months' rent" shorthand is **only right for tenancies under 3 years**.

**Bad faith:** damages within **3 years**; punitive damages possible.

## Senior protection (both tracks)

Repossession and eviction are **prohibited** where the tenant **or their spouse** meets **all three**:
- **65 or over**, **and**
- **10+ years** in the unit, **and**
- income **≤ 125%** of the maximum qualifying for low-rental housing (HLM).

**Exception:** a landlord who is themselves **65+** may still repossess **to live there**. Eviction's exception is **demolition**. **Applies to notices sent on or after 22 May 2024.**

## Termination for fault — the landlord must go to the TAL

**Grounds:** **non-payment** (rent unpaid **more than 3 weeks**) · **chronic late payment** · **disturbing other tenants** · **lease or building-rule violations** (e.g. pets where forbidden, endangering health/safety, making the unit unfit) · **damage** · **changing the use of the dwelling**.

**Serious prejudice is required** for all of these **except** non-payment beyond 3 weeks, which stands on its own. The TAL weighs how many breaches, how serious, and their effect on the landlord, the building, or their finances.

**Procedure — a landlord cannot evict you themselves:**
1. **Demand letter** warning of the non-compliance.
2. If it continues, **apply to the TAL**.

**The TAL may: terminate the lease · order compliance · or grant a period within which to comply.** Termination is not the only outcome — an order to comply is common.

> A landlord's letter demanding you fix something is **step 1**, not an eviction. It has no legal force by itself; only the TAL can end the lease, and (per the TAL's own enforcement rules) only a **bailiff** may execute an eviction.

## Early termination for specific needs

**Grounds:** (1) **allocated low-rental housing (HLM)**; (2) an **elderly person moving permanently** to a CHSLD, intermediate resource, or private seniors' residence providing nursing care/personal assistance; (3) a **handicap** making it impossible to keep occupying the unit.

**Notice — note it is *not* 3 months:**

| Lease | Notice |
|---|---|
| **One year or more** | **2 months** before leaving |
| **Less than one year** | **1 month** before leaving |

**Form:** **registered mail** with proof of sending; **written, dated, signed**; sent **while the lease is in force**; **in the lease's language**.

**Documents:** generally a written document from **someone qualified to say you need to move**. *Seniors' housing:* an **acceptance letter** from the destination **plus a certificate from a doctor, nurse, or social worker**. *HLM:* e.g. a letter from the Office municipal d'habitation.

**Rent** is owed **until the end of the notice period**. *Exception:* for care-inclusive housing you pay only for **services actually received**.

## Ending a lease for spousal or sexual violence

**Who:** tenants whose safety — or that of a **child living with them** — is threatened by spousal or sexual violence. Applies to **same-sex couples**. **No police complaint required.**

**Notice:** the lease ends **2 months** after sending (lease of one year or more) or **1 month** (shorter/indeterminate).

**What to send:** a **written notice of resiliation** (TAL model) **plus a copy of the attestation**.

**The attestation:** obtained from the **Director of Criminal and Penal Prosecutions (DPCP)** or the **nearest courthouse**, via a form plus supporting documents. **Free and confidential.** **Must be obtained before giving notice.** *(These sources route it only through the DPCP/courthouse — they do not mention peace officers or healthcare professionals as issuers.)*

**Effects:** the lease **doesn't end on sending** — the 1- or 2-month period must run, and **rent is owed during it** unless the landlord agrees to end it sooner. **The landlord cannot refuse** a properly served notice + attestation.

## Gaps in these sources

- **No Civil Code article numbers anywhere** — two pages reference "the section on evicting seniors" without naming it.
- **"Bill 31" is never named** on the eviction pages; don't label the 2024 changes with it on this evidence. *(Éducaloi does name Bill 31 for the 21 Feb 2024 **assignment** change — see [lease-and-money.md](lease-and-money.md).)*
- **"Right to maintain occupancy"** isn't used as a term, though the mechanics appear (auto-renewal).
- **Co-tenant effects of a violence-based termination:** not addressed.
- The **6 June 2024 three-year ban** is time-limited — **check it's still in force**.