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Rules according to the type of immovable

Residential leasing property

You will often have an income property for sale or represent a buyer who wishes to purchase this type of property for himself or a family member. The same questions will arise if your client wishes to purchase a single-family home that is already leased.

The law allows the lessor to repossess a dwelling or a house, but this must be done in the appropriate manner. First, the owner must be the sole owner of the property, or a co-owner if the other owner is his or her spouse, in order to have the right to repossess a dwelling.1

Article 1957 of the Civil Code of Québec specifies that the lessor may repossess a dwelling only as a residence:

  • For himself;
  • For his ascendants or descendants in the first degree (father, mother and children);
  • For any other relative (related by blood) or person connected by marriage or civil union, i.e. in-laws) of whom the lessor is the main support;
  • For a spouse of whom the lessor remains the main support after a separation from bed and board, divorce or dissolution of a civil union (which does not apply to de facto spouses).

Divided co-ownership property

A co-ownership apartment where the building has been converted, this situation also represents an exception to the rule on repossession of a dwelling.

To do so, the lessor must send a written notice to the lessee within the following periods prescribed by law.2

 

TABLE — TIME PERIODS FOR REPOSSESSION AND NOTICES3

► FIXED LEASE OF MORE THAN SIX MONTHS
 

Notice by lessor

  • Six months before end of lease

Lessee's reply

  • One month from receipt of notice

Application to the Tribunal administratif du logement by the lessor

  • One month from notice of refusal or expiry of deadline for lessee to respond

► FIXED LEASE OF SIX MONTHS OR LESS
 

Notice by lessor

  • One month before end of lease

Lessee's reply

  • One month from receipt of notice

Application to the Tribunal administratif du logement by the lessor

  • One month from notice of refusal or expiry of deadline for lessee to respond

► INDETERMINATE TERM LEASE
 

Notice by lessor

  • Six months before anticipated date of repossession

Lessee's reply

  • One month from receipt of notice

Application to the Tribunal administratif du logement by the lessor

  • One month from notice of refusal or expiry of deadline for lessee to respond


If the lessee does not respond within the time limit set out above, he will be deemed to be refusing to vacate the dwelling.

If the lessor fails to apply to the Tribunal administratif du logement within the time limit set out above, the lease will be renewed with the same conditions and the lessee will have the right to maintain occupancy.

Undivided co-ownership properties

Where an immovable is held in undivided co-ownership, no dwelling may be repossessed unless there are only two co-owners and they are each other’s spouses (married, civil union or de facto)4, or unless they have acquired rights.5

 

TABLE OF ACQUIRED RIGHTS — UNDIVIDED CO-OWNERSHIP PROPERTIES*

► IMMOVABLE CONTAINING LESS THAN FIVE DWELLINGS
 

  • If the title of ownership was registered in the Land Register before November 10, 1987.

OR

  • If the title of ownership was registered in the Land Register before July 15, 1988, under a signed a promise to purchase dated no later than November 10, 1987, accompanied by a down payment.

► IMMOVABLE CONTAINING FIVE OR MORE DWELLINGS
 

  • If the title of ownership was registered in the Land Register before June 11, 1981.

OR

  • If the title of ownership was registered in the Land Register before December 16, 1981, under a signed a promise to purchase dated no later than June 11, 1981, accompanied by a down payment.

*A new buyer does not benefit from these acquired rights.

 

► DUTIES AND OBLIGATIONS OF THE BROKER
 

If you represent a client who wishes to lease a dwelling in a divided co-ownership property, make sure that leasing is permitted under the property’s Declaration of co-ownership or by-laws.

Know also that leasing a dwelling held in undivided co-ownership is usually not permitted, unless there is a specific agreement to this effect.

 

1 Art. 1958 C.C.Q.
2 Art. 1960, 1962 and 1963 C.C.Q.
3 Building purchased before 1988: acquired rights. See Tribunal administratif du logement, Repossessing a dwelling. Referenced at https://www.tal.gouv.qc.ca/en/lessor-s-right-to-terminate-a-lease/repossessing-a-dwelling, accessed on September 27, 2022
4 Art. 1958 C.C.Q.
5 Tribunal administratif du logement, Repossessing a dwelling. Referenced at https://www.tal.gouv.qc.ca/en/lessor-s-right-to-terminate-a-lease/repossessing-a-dwelling, accessed on September 27, 2022
 

Last updated on: December 16, 2022
Reference number: 264761