Tenants who fulfill their obligations can rarely be forced to move out. However, there are certain situations where your landlord is allowed to terminate your lease.
Strict conditions
To repossess your dwelling, your landlord must need it to:
- Live in it themselves
- Provide accommodation for someone in an eligible category
A moratorium prohibits evictions for reasons 2, 3 and 4 below until June 6, 2027 (read the news release in French). However, there are exceptions, particularly in relation to private seniors’ residences. For more information, see sections 8 and 9 of the Act to limit lessors’ right of eviction and to enhance the protection of senior lessees.
When the moratorium ends, reasons 2, 3 and 4 will once again apply.
To evict you, your landlord must have plans to:
- Demolish the dwelling with the authorization of the Tribunal administratif du logement (TAL).
- Substantially enlarge the dwelling.
- Subdivide the dwelling into multiple units.
- Change the destination of the dwelling (e.g., convert it into a commercial premises).
You cannot be forced to move out permanently due to renovations.
Tenants with special protections
Even if the landlord has a legally acceptable reason, not every tenant can be forced to leave. For example, with some exceptions, people aged 65 or older cannot be evicted if they have lived in the dwelling for at least 10 years and their income does not exceed the established limit.
Visit the TAL website to find out about exceptions in cases of eviction and repossession.
Mandatory notice
To require that you vacate the premises, your landlord must send you a written notice:
- six months before the end of a lease of more than six months
- one month before the end of a lease of six months or less
- six months before the intended date of eviction or repossession for a lease without a fixed term
The notice must contain specific information, or it could be deemed invalid. Check the TAL website to find out what information must be included in the notice of eviction or notice of repossession.
Once you receive the notice, you have one month to respond. Failure to respond will be taken as refusal to move out. To force you to move, your landlord will need to obtain authorization from the TAL.
Indemnity
Have you been evicted? Your landlord must pay your reasonable moving expenses (upon presentation of receipts). They must also pay you:
- Three months’ rent if you have been renting the dwelling for less than three full years.
- One month’s rent per year of tenancy if you have been renting the dwelling for more than three full years. Note that this indemnity cannot exceed the value of 24 months’ rent.
If your landlord refuses to pay you, contact the TAL.
In certain circumstances, such as the repossession of a dwelling or an eviction without a valid reason, a higher indemnity may be justified. If you think this is the case for you, contact the TAL.
Did the TAL authorize the repossession of your dwelling even though you did not want to leave? It may have required your landlord to compensate you for your moving expenses. Click here to learn more.
Filing a complaint
If you have a problem with your landlord, you can contact:
- The Regroupement des comités logement et associations de locataires du Québec (RCLALQ)
- A complaint assistance and support centre (CAAP) if the situation involves a private seniors’ residence
- The TAL
Have you just obtained information proving that your eviction or the repossession of your dwelling was illegal? You have three years to apply for financial compensation.
If you are not satisfied with the services provided by the TAL or the time taken to process your application, you can file a complaint with the Protecteur du citoyen.
The Protecteur du citoyen cannot overturn a TAL decision.
There are other avenues to contest a decision.
