When Can a Landlord Evict a Tenant in Quebec

In Quebec, a landlord can evict a tenant only under specific circumstances outlined in the Civil Code of Quebec and through the Tribunal administratif du logement (TAL) (formerly Régie du logement). Evictions are strictly regulated to protect tenants’ rights, and landlords must follow proper legal procedures. Here are the main scenarios when eviction is permitted:

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1. For Repossession of the Dwelling

A landlord can evict a tenant if they or their immediate family members (e.g., children, parents) intend to live in the dwelling. Specific conditions include:

• Notification Requirements: The landlord must provide written notice at least:
  • 6 months before the end of the lease for a lease of 12 months or more.
  • 1 month for a lease of less than 12 months.
  • 1 month for an open-ended lease.
• The notice must specify the reason and identify who will occupy the dwelling.

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2. For Substantial Renovations or Demolition

A landlord may evict a tenant if they intend to:

• Renovate the property: Substantial work must make the dwelling uninhabitable temporarily.
• Demolish the building.

Conditions:

• The landlord must serve a written notice within the same timeframes as repossession.
• Tenants have 30 days to contest the eviction through the TAL.
• In some cases, tenants may be entitled to relocation compensation or assistance.

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3. Non-Payment of Rent

A landlord can seek eviction if:

• The tenant fails to pay rent on time.
• A formal notice is issued, and the tenant does not pay the overdue rent within the prescribed delay (generally 21 days after the rent was due).

The landlord must apply to the TAL for authorization to evict.

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4. Non-Compliance with Lease Terms

A landlord can evict a tenant for serious breaches of the lease agreement, such as:

• Illegal use of the property.
• Excessive noise or disturbances affecting other tenants.
• Unauthorized subletting or assignment of the lease.
• Damage to the property.

The landlord must demonstrate that the tenant violated the lease and obtain approval from the TAL.

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5. Abandonment of the Dwelling

If a tenant abandons the property without notice or leaves for an extended period without explanation, the landlord may take possession of the dwelling. They must verify the abandonment and follow legal steps through the TAL.

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Procedure for Eviction

1. Provide Notice: Serve a written notice to the tenant, specifying the reason and timeframe for eviction.
2. Apply to the TAL: If the tenant contests or refuses to leave, the landlord must apply to the Tribunal for a decision.
3. Wait for a Decision: Only the TAL can authorize an eviction. Landlords cannot force a tenant to leave without a ruling.
4. Execution of Eviction: If the TAL authorizes the eviction, a bailiff must carry out the eviction; landlords cannot evict tenants themselves.

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Important Notes

• Tenants’ Rights: Tenants can contest eviction notices at the TAL within 30 days of receiving the notice.
• Relocation Assistance: In cases of renovation or demolition, landlords may be required to offer financial compensation or relocation assistance.
• Illegal Evictions: Any eviction that does not follow the prescribed legal process is considered illegal, and tenants can seek recourse through the TAL.

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Conclusion

This article is written for informational purposes only and does not constitute legal advice. It is strongly recommended that landlords and tenants contact the Tribunal administratif du logement (TAL) directly at 1-800-683-2245 or visit their website for accurate and up-to-date guidance specific to their situation.