Can a landlord repossess a dwelling and for what reasons?
If the owner is a natural person, he can repossess one of his dwellings to live there himself, to have his ascendants and descendents in the first degree or any other relative or person connected by marriage or civil union who is supported mainly by him live there or to have a former spouse who is still mainly supported by the him live there.
However, article 1959.1 of the Civil Code of Quebec states that the landlord will not be able to reposses the apartment if the tenant or their spouse, at the time of the repossession, is 70 years of age or over, has occupied the apartment for at least 10 years and has income equal to or less than the maximum threshold qualifying the tenant or spouse for a dwelling in low-rental housing according to the By-law respecting the allocation of dwellings in low rental housing.
Notwithstanding the preceding, the landlord may repossess if :
(1) the landlord is 70 years of age or over and wishes to repossess the dwelling as a residence for himself;
(2) the beneficiary of the repossession is 70 years of age or over;
(3) the landlord is an owner-occupant 70 years of age or over and wishes to have a beneficiary less than 70 years of age reside in the same immovable as himself.
Can a landlord repossess a dwelling if he is a co-owner?
Unless he is a co-owner with his spouse, he cannot repossess any dwelling of his building. Therefore, if he is a co-owner with his brother or sister, he cannot repossess a dwelling because he or the co-owner want to live there.
How must a landlord proceed to repossess a dwelling?
He must send his tenant a notice informing him of my intention to retake possession of the dwelling. The notice must be given at least six months before the end of the lease if the term of the lease is fixed and for a lease of more than six months. For example, it must be given before December 31st for a lease terminating on June 30th. The same applies for a lease with an indeterminate term. If the duration of the lease is of less than six months, the notice must be given within one month of the end of the term.
What information must be included in the notice for it to be legitimate?
The notice must include the date fixed for repossession, for example, “at the term of your lease on June 30th 2011”, the name of the beneficiary and the degree of relationship or the bond between him and the owner. The restrictions stated in article 1959.1 C.C.Q. must also appear.
How much time does the tenant have to answer the notice?
After its reception, the tenant has one month to answer the notice. If he does not reply, he will be deemed to have refused to vacate the dwelling.
What must a landlord do if his tenant refuse or is deemed to have refused to vacate?
Fill an application for repossession with the Régie du logement within one month of the tenant’s refusal and it must be served to his tenant within a reasonable time.
Under which conditions can a landlord repossess a dwelling?
He must prove that he really means to repossess the dwelling for the reasons mentioned in the notice and that it is not only a way to evict the tenant. He will have to convince the administrative judge that he is of good faith and that the beneficiary of the repossession will really live in the apartment.
What happens if another dwelling becomes available?
If another apartment becomes vacant and is of the same type and equivalent rent as the one the landlord wanted to repossess, he will not be allowed reposses the apartment. If the dwelling becoming available is different than the other one by its rent or its characteristics, the repossession will be allowed.
Can the tenant ask for damages?
When the Court authorizes the repossession, it may impose conditions it considers “just and reasonable”. The Court generally grants damages equivalents to two or three months of rent.