The landlord can repossess the dwelling as:

• a residence for himself;
  
• a residence for his children or his parents;
  
• a residence for any other relative or person connected by marriage or civil union, if he is their main source of support. A person connected by marriage or civil union, in the legal sense, is any person related to the landlord. For example, this can include a mother-in-law, sister-in-law, son-in-law, etc.;
  
• a residence for a spouse from whom he is separated or divorced, but for whom he is the main source of support;
  
• a residence for his caregiver if the landlord is an elderly person, if his health and safety require it, and if his family cannot provide him with support.

The landlord can evict a tenant when he wants to divide the dwelling, demolish it, enlarge it, or change its destination (its nature). For example, a landlord may want to turn a residential dwelling into an office building.

No. The landlord cannot, without your consent, repossess your dwelling if he owns another one of the same type that is vacant or available to rent on the date fixed for repossession. The other dwelling must be situated in the same neighbourhood and have an equivalent rent.

A landlord who wants to evict a tenant or repossess the dwelling must notify the tenant within the following time periods:

• six months before the lease ends, if it has a fixed term of more than six months;
  
• one month before the lease ends, if the lease has a term of six months or less;
  
• six months before the date of repossession or eviction, in the case of a lease with an indeterminate term.

The notice of repossession of a dwelling must indicate the following:

• the date fixed for repossession;
  
• the name of the beneficiary (i.e. the person moving into the dwelling).

Where applicable, the notice must also indicate the relationship between the beneficiary and the landlord.

As for an eviction notice, it must indicate the reason for the eviction and the date on which it will occur.

Please take note: the repossession or eviction may take effect at a later date, either upon the application of the tenant and with the authorization of the court, or if there is an agreement between the two parties.

Yes. In cases of repossession, you must notify the landlord of your intention to comply or to refuse within one month of receiving the notice. If you do not do this or if you forget to notify the landlord, you are deemed to have refused to vacate the dwelling.

If you refuse to vacate the dwelling, the landlord can still repossess the dwelling with the authorization of the Régie du logement. To do so, the landlord must apply to the Régie within a month of receiving your refusal or at the end of the time limit for your reply. At the hearing before the Régie du logement, he must demonstrate that he truly intends to repossess the dwelling for the purposes stated in the notice.

The situation is different in cases of eviction. As the tenant, you have a month from the time that you receive the notice of eviction to apply to the Régie du logement to oppose the division, demolition, enlargement, or change of destination. If you fail to do so, you are deemed to have consented to vacate the premises. So if you want to refuse the eviction, it is very important to notify your landlord and to file an application with the Régie du logement within the one month limit. The landlord must prove to the Régie du logement that he truly intends to divide, demolish, enlarge, or change the destination of the dwelling and that he is allowed to do so by law.

In the case of eviction, the landlord must pay you compensation equal to three months’ rent and reasonable moving expenses. The compensation is payable when the lease ends and the moving expenses are payable upon presentation of supporting documents (receipts, invoices, truck rental contract). If you believe that the compensation should be higher than the amount you have received, you can apply to the Régie du logement to determine the amount.

As for repossession of a dwelling, the court can impose the conditions it considers just and reasonable, such as payment of compensation for moving expenses.

If the eviction or repossession of the dwelling was obtained in bad faith, whether or not you consented, you can request damages from the landlord. You can also apply to the Régie du logement for punitive damages against the landlord, which means that in the eyes of the law, he will be punished for the act he has committed.

The landlord has acted in bad faith if the repossession/eviction was made for a reason other than the one permitted by law or when the court refuses to authorize the repossession/eviction.

If the landlord does not exercise his right of repossession or eviction on the fixed date and you continue to live in the dwelling with the landlord’s consent, the lease is automatically renewed.

The lease will also be automatically renewed if the tribunal refuses the repossession/eviction and renders its decision after the time limit for refusing the renewal or modification of the lease.

The landlord has one month from the date fixed for the repossession/eviction to ask the Régie to determine the rent.