Eviction and repossession of the housing

© Fernando Calderón

Please note that evictions for subdivision, substantial enlargement, or change of destination are no longer permitted in Québec as of May 22, 2024, and this prohibition will last for three years.


On June 6, 2024, the Québec government passed Bill 65, An Act to limit lessors’ right of eviction and to enhance the protection of senior lessees. Among other measures, this bill imposes a three-year moratorium across Québec to mitigate the impacts of the housing crisis on tenants.

Therefore: 

  • Any eviction notice given to tenants as of June 6, 2024, is invalid
  • An eviction notice given to tenants between May 22, 2024, and June 6, 2024, inclusive, leads to three possible scenarios:
    • You accepted the eviction before June 6: you must leave the premises
    • You refused the eviction before June 6: the landlord has the option to ask the Rental Board (TAL) to make a decision
    • You accepted or refused the eviction on or after June 6: the eviction is not possible

If you have been evicted in violation of this new law, you may file an application to the Rental Board (TAL) to claim:

WARNING! There are several exceptions to this new law.


Firstly, Bill 65 allows the government to exempt any part of Québec from the application of this prohibition.

Additionally, if the rental vacancy rate published by the Canada Mortgage and Housing Corporation (CMHC) for all urban centers in Québec with a population of at least 10,000 reaches 3%, the moratorium will end.

Finally, the moratorium does not apply to private seniors’ residences (RPA). This means that landlords can still evict tenants living in RPAs for subdivision, substantial enlargement, or change of destination.

Bill 65 does not prevent landlords from repossessing a rental unit for themselves or for a relative.


However, a landlord cannot repossess your dwelling if the following conditions are met:

  • You are 65 years old or older;
  • You have lived in your current dwelling for at least 10 years;
  • Your income is equal to or less than 125% of the maximum income that qualifies you for low-rental housing (HLM)

So what should you do when you receive a notice of repossession?

First of all, you need to check if the notice was sent within the proper deadlines. These deadlines vary depending on the duration of your lease:

Next, you need to check if the notice of repossession includes the following information: the date of repossession, the name of the person who will occupy the residence, and their relationship with the landlord. According to article 1961 of the Civil Code of Quebec, this information must be included in the notice of termination.

Within one month of receiving the notice of repossession, you must respond to it. According to article 1962 of the Civil Code of Quebec, it is presumed that you have refused the repossession if you do not reply to the notice.

Finally, within one month of the refusal or the lack of response to the notice, the landlord must file an application at the Rental Board (TAL) to obtain authorization to repossess the dwelling. If they fail to do so, you retain your dwelling.

If the government exempts the CDN-NDG neighborhood from the prohibition outlined in Bill 65, or if the moratorium ends earlier than expected, the following rules will apply.”

 
Eviction for division and subdivision
 

This section will focus on the specificities of the district of Côte-des-Neiges-Notre-Dame-de-Grâce with regards to evictions.

Since the end of January 2021, it is no longer possible for an owner (from the district of Côte-des-Neiges-Notre-Dame-de-Grâce) to obtain a permit to divide or subdivide a dwelling (draft regulation RCA20 17331). Thus, it is very likely that your landlord does not have a permit to undertake subdivision renovations in your housing. Since January 2021, this kind of renovation is officially prohibited. This prohibition is included in the Urban planning by-law for Côte-des-Neiges borough (01-276), article 136.1

“136.1. A dwelling cannot be divided or subdivided, despite the prescribed minimum or a maximum number of dwellings.

Notwithstanding the first paragraph, a dwelling may also be divided or subdivided to create a single additional dwelling in the basement under the conditions of article 145.

Notwithstanding the first paragraph, a dwelling may also be divided or subdivided to take up the number of dwellings and their location in a building whose original architectural typology is a duplex or a triplex.

 The first paragraph does not apply to a social or community housing building.”

Note that this protection does not apply to duplexes or triplexes.

This same article is also present in the urban planning by-law for part of the Plateau-Mont-Royal borough (01-281) in section 134.1. To find out which by-law applies to your district, you can look at this image:

Eviction for expansion

Concerning the issuance of permits related to expansions, the restrictions are specified in article 137.1 of the Urban planning by-law for Côte-des-Neiges borough (01-276), (draft regulation RCA20 17344 adopted in march 2021).

The article reads as follows:

“137.1. The number of dwellings in an existing building cannot be reduced, despite the prescribed minimum or a maximum number of dwellings.

Notwithstanding the first paragraph, the number of dwellings in a building of 2 or 3 dwellings may be reduced without regard to the prescribed minimum number of dwellings.

The first paragraph does not apply to a social or community housing building”

So your landlord can’t get a renovation permit from the city if their plan involves reducing the number of dwellings in a building of four or more dwellings. If you file an application at the TAL, your landlord will have to explain how they plan to substantially enlarge your dwelling without reducing the number of housing units in the building.

Note that this protection does not apply to duplexes or triplexes.

To better understand these changes, you can also consult this slide.   

For more information on evictions and repossessions, we invite you to visit the following websites:

Locataire.info (French only): section « Reprise et éviction »

Educaloi: Repossession of Rental Housing