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Eviction

Since June 6, 2024, and for a three-year period, the lessor of a dwelling is prohibited from evicting a lessee to subdivide the dwelling, enlarge it substantially or change its destination.1 For the time being, this ban applies throughout Québec. Only an order-in-council from the Government of Québec can lift the suspension of the lessor's right to evict. This order may apply to any part of Québec’s territory.

The lessor of a dwelling may evict the lessee to subdivide the dwelling, enlarge it substantially or change its destination.2

The notice of eviction must indicate the reason for and the date of the eviction.3

The periods are the same as for the repossession of a dwelling.4

If the lessee does not respond, he is deemed to have consented to vacate the dwelling.5

Article 1965 of the Civil Code of Québec states that the lessor shall pay an indemnity equal to three months’ rent and reasonable moving expenses to the evicted lessee. The indemnity is payable at the expiry of the lease; the moving expenses are payable upon presentation of receipts.

If the lessee considers that the injury he suffers warrants greater damages, he may apply to the court to have the amount fixed.

 

► DUTIES AND OBLIGATIONS OF THE BROKER
 

If one or more lessees in the immovable that you are selling are the subject of such a notice of eviction, you must:

  • Enter this information in section D14.5 of the form Declarations by the seller of the immovable and provide details under section D15;
  • Obtain a copy of the notices and other relevant correspondence;
  • Disclose this information to the buyer.

For more information on the disclosure obligation, read the article Broker’s duty to disclose: An added protection.

 

1 S. 1 of the Act to limit lessors' right of eviction and to enhance the protection of senior lessees, 2024.

2Art. 1959 C.C.Q.
2 Art. 1961 (1) C.C.Q.
3 Art. 1960 C.C.Q.
5 Art. 1966 (1) C.C.Q.

 

Last updated on: December 02, 2024
Reference number: 264764