Lessor’s Right to Terminate a Lease

Eviction to Divide the Dwelling, Enlarge it Substantially or Change its Destination

Download the PDF: Notice of eviction

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

He must then give a written notice to the lessee.

The notice must indicate the date and the reason for eviction and incorporate the contents of article 1959.1 of the Civil Code of Québec (restrictions on the right to evict if the lessee is 70 years of age or over). It must also be sufficiently clear so that the lessee is able to fully understand the lessor’s intentions and evaluate the impact.

The lessee may apply to the Régie du logement to object to the eviction.

The notice from the lessor and the application of the lessee must respect the time periods shown in this table.

Eviction and time limits for notice
Term Step 1
Notice by lessor
Step 2
Application to the Régie
by the lessee
Lease of
more than 6 months

6 months before
termination of the lease

Within 1 month after receiving the lessor’s notice.

If the lessee does not object, he or she is deemed to have agreed to vacate the dwelling.

If the lessee object, the lessor shall show the tribunal that he or she truly intend to divide, enlarge or change the destination of the dwelling and that he or she is permitted to do so by law.

Lease of
6 months or less
1 month before
termination of the lease

 

Within 1 month after receiving the lessor’s notice.

If the lessee does not object, he or she is deemed to have agreed to vacate the dwelling.

If the lessee object, the lessor shall show the tribunal that he or she truly intend to divide, enlarge or change the destination of the dwelling and that he or she is permitted to do so by law.

Lease of
indeterminate term

6 months before intended date of eviction

Within 1 month after receiving the lessor’s notice.

If the lessee does not object, he or she is deemed to have agreed to vacate the dwelling.

If the lessee object, the lessor shall show the tribunal that he or she truly intend to divide, enlarge or change the destination of the dwelling and that he or she is permitted to do so by law.

Where an objection is brought to the Régie du logement by the lessee, the burden is on the lessor to show that he truly intends to divide, enlarge or change the destination of the dwelling and that it is permitted to do so by law.

Upon the application of the lessee, the Régie du logement may authorize eviction to take effect on a later date.

If the lessee does not object to the Régie du logement, he must vacate the dwelling at the date indicated in the notice.

The lessor shall pay an indemnity equal to three months' rent and reasonable moving expenses to the evicted lessee.

If the lessee considers that the prejudice he sustains warrants a greater amount of damages, he may apply to the court for the fixing of the amount of the indemnity. The indemnity is payable at the expiry of the lease; the moving expenses are payable on presentation of vouchers.

Restrictions on the right to evict

The lessor of a dwelling may not evict a lessee if the lessee, or the lessee’s spouse, at the time of the eviction, is 70 years of age or over, has occupied the dwelling for at least 10 years, and has income equal to or less than the maximum threshold to qualify for a dwelling in low-rental housing under the By-law respecting the allocation of dwellings in low rental housing.