Pursuant to the Civil code of Québec , every tenant has a personal right to maintain occupancy in his housing. This is known as the right to maintain occupancy (Section 1936 Civil Code of Quebec). However, provided that certain formalities are being respected, the lessor who is also the owner of an immovable, can retake possession of a dwelling in the immovable. In fact, the owner-lessor of the dwelling can repossess it as a residence for himself or for ascendants or descendants in the first degree. He can also repossess for any other relative or a person connected by marriage or civil union, if lessor is the main support.
First of all, the lessor who wishes to repossess a dwelling shall notify the tenant at least six months before the expiry of the lease in the case of a lease with a fixed term of over six months. The period to notify the tenant is reduced to one month if the term of the lease is six months or less. For an undetermined lease, the period to notify tenant is six months before the date for repossession. Failing to notify the tenant within the time required by the law, the lessor is cannot legally retake possession of the dwelling. It is therefore in the best interest of the owner-lessor to complete with the right information the notice of repossession provided on the Régie du logement website. Furthermore, the notice of repossession must indicate, for instance, the type of lease (determinate (period of lease thereof) or undeterminate lease) date fixed for the dwelling to be repossessed, the name of the beneficiary and where applicable, the degree of the relationship between the beneficiary and the lessor.
Following the reception of the notice of repossession, the tenant has one month to reply to it. The tenant is free to agree or refuse to vacate the dwelling due to the right to maintain occupancy. The tenant’s reply is very important. As a matter of fact, if he does not reply to the owner-lessee notice of repossession within one month, the lessee is deemed to have refused to vacate the dwelling. Therefore, it’s up to the owner-lessor to apply to the tribunal for an authorization to retake possession of the dwelling. The owner-lessor will have to respect a deadline for filing an application for repossession with the Régie du logement. If the tenant gives a written notification of his refusal, the owner-lessor’s application must be filed with the Régie du logement within one month after receipt of the refusal or deemed refusal. If the tenant has not replied to the notice of repossession, the application must be filed within one month after receipt of the expiry of the deadline for the lessee’s reply. Also, in order to retake possession of the dwelling, the owner- lessor will have the burden of proving, before the tribunal, that he truly intends to repossess the dwelling for the purpose mentioned in the notice. Indeed, the repossession cannot be a pretext for other purposes and if there’s a doubt of any conspiracy in order to get rid of the lessee, the tribunal could not authorize the repossession of the dwelling. Contrary to the principle that one person is deemed to act in good faith, in this particular case, owner-lessor has the burden to prove he acts in good faith.
If any further question, you may contact Sébastien Dubé Avocat who pleads for owner-lessor cases of repossession of dwelling, lease resiliation, eviction, withdrawal before the Régie du logement.
This text is not to be read as a legal opinion and is deemed for information only.
Facts may vary from one case to another: those facts when applied to the law in force can only be carried by a serious legal analysis.
