Eviction and repossession of the housing

© Fernando Calderón

For general information on evictions and repossessions of housing, we invite you to visit the following websites which provide detailed information:

Educaloi: Repossession of Rental Housing

Housing Committee and Quebec Tenants Association Regrouping: Repossession and eviction

PLEASE NOTE: If you receive an eviction notice, you must file an objection to the eviction within 30 days following the reception of the notice. Otherwise, the law considers that you have accepted the eviction.

Eviction for division and subdivision

This section will focus on the specificities of the district of Côte-des-Neiges-Notre-Dame-de-Grâce in terms of eviction.

This section deals with the particular case of the CDN-NDG district

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 housing (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 a duplex or triplex.

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 the article 137.1 du 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 his plan involves reducing the number of dwellings in a building of four or more dwellings. If you open a request to the Tribunal, your landlord will have to explain how he plans to substantially enlarge your dwelling without reducing the number of housing units in the building.