Repossession of a dwelling

January 30, 2008 by
Source: Régie du Logement du Québec, December 2002 • The Régie du Logement wishes to inform owners and tenants of their rights and obligations with respect to repossessionIt's only the owner of the dwelling that may repossess it and one of the following conditions must be met:

  • It is to live there himself.
  • It is to house his first-degree ascendants or descendants, meaning his father, mother or children.
  • It is to house any other relative or person for whom he is the main support. He may also repossess the dwelling as a residence for his spouse, from whom he is separated or divorced, if he remains the main support of his spouse.

    So if one of those conditions is met, the owner will be able to repossess the dwelling at the end of the lease but he must inform the tenant by giving him a written notice :

    - That notice must be given at least six months before the end of the lease in the case of a lease of more than six months duration.

    - The notice period is of one month for leases of six months or less. In the case of a lease of indeterminate lenght, the notice must be given six months before the owner intends to repossess the dwelling.

    Therefore, in the case of a lease ending on June 30, 2003, the owner would have to give notice to the tenant by December 31, 2002 at the latest.

    The notice must be given in writing and indicate the date of repossession, the name of the person who will occupy the dwelling, and the relationship or bond between that person and the owner.

    A tenant who receives a notice of repossession may, within one month of the reception of the notice, notify the owner of his intention to comply with it or not; otherwise, he is deemed to have refused to vacate the dwelling. If the tenant refuses to vacate the dwelling, the owner may, within one month of the refusal, ask the Régie du logement for authorization to repossess. But if the tenant does not reply to the notice, the owner may, also, ask an authorization to the Régie within one month from the deadline the tenant has for replying.

    When the Régie authorizes a dwelling repossession, it may impose what it considers just and reasonable conditions, including the payment of moving expenses.

    A repossession of a dwelling that is carried out for a purpose other than those permitted by law could lead to examplary damages.

    In need of information ? You can reach the Régie du logement in Montréal, Laval and Longueuil at (514) 873 2245 in Québec city at (418) 643 2245

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