Content updated on April 24, 2024.
As a rule, if tenants fulfil their obligations, they have the right to remain in their home. The exceptions to this are repossession and eviction, which are possible under certain conditions.
Eviction: four conditions
Please note: different conditions apply for repossessing an apartment. Learn more about it on the Tribunal administratif du logement website.
Eviction terminates the lease. For an eviction to be allowed, four conditions must be met:
1. The owner gives you six months' notice.
You must receive a written notice of eviction at least six months before the end of an annual lease. The notice must include the date and the reason for the eviction. You have 30 days to respond.
If you do not respond within 30 days to an eviction notice sent after February 20, 2024, the owner must assume that you are refusing to leave your dwelling. To evict you, the owner needs authorization from the Tribunal administratif du logement (TAL).
2. You're evicted for the right reason.
The owner can evict you for one reason and one reason only: to make major changes to the dwelling. In other words:
- Demolish it;
- Extend it by combining it with another dwelling or by adding rooms;
- Subdivide it into several units;
- Convert it into commercial premises.
If you refuse to comply with the eviction notice, the owner will have to prove that your eviction is not a pretext and that it complies with the prescribed conditions.
"Renoviction"? It's a no-no! The owner cannot evict you to renovate your dwelling. To carry out major work, the owner must instead ask you to vacate the dwelling temporarily, in exchange for a sum of money.
3. You or your spouse are not a low-income senior.
The owner cannot evict you if you (the tenant) or your spouse meet these three criteria:
- Be 70 years old or over;
- Have lived in the property for at least 10 years;
- Have an annual income that qualifies you for low-rental housing.
4. The owner compensates you.
The owner must cover at least:
- Reasonable moving costs (with receipts as proof);
- Compensation equivalent to three months' rent.
Have you been renting the property you've been evicted from for more than three years? The owner must pay you compensation equivalent to one month's rent for each full year of tenancy, up to a maximum of 24.
If you feel that your situation justifies higher compensation than the amount the owner agrees to pay, you can apply to the TAL.
Any questions or problems?
Have you been illegally evicted? You have three years to submit your claim for financial compensation. This period begins when you become aware of the facts showing that the eviction was unjustified.
Do you have any questions about eviction? Use the online services of the TAL or see its web page on eviction. You can also make a telephone appointment with an agent or email your question.
Are you dissatisfied with the TAL's services or is your request taking too long to be processed? You can file a complaint with the Protecteur du citoyen.
If you feel that a TAL decision is incorrect, you can challenge it in court.
The Protecteur du citoyen can intervene if you are not receiving the services to which you are entitled, but it cannot overturn a TAL decision.
