The short answer
In Québec, a landlord can repossess a dwelling for themselves or a relative by giving written notice, usually 6 months before the end of the lease[1]. The tenant has one month to answer and silence counts as a refusal; the landlord must then apply to the TAL within one month[1][3]. Evictions to enlarge, subdivide or change the use of a dwelling are suspended until June 6, 2027[2].
Who can repossess a dwelling
The owner can repossess the dwelling to live in it, or to house their ascendants or descendants in the first degree, or another relative or person connected by marriage or civil union of whom they are the main support. They can also repossess it for a former spouse of whom they remain the main support[1].
An undivided co-owner cannot repossess a dwelling, unless the other co-owner is their spouse and they are the only two owners[1].
Notice deadlines
| Lease term | Notice to give |
|---|---|
| More than 6 months | At least 6 months before the end of the lease |
| 6 months or less | At least 1 month before the end of the lease |
| Indeterminate term | At least 6 months before the repossession date |
The notice states the repossession date, the name of the beneficiary and their relationship to the owner. It must also reproduce the text of article 1959.1 of the Civil Code, which protects certain seniors[1]. An incomplete or late notice exposes the repossession to a refusal by the tribunal.
The tenant’s answer and the application to the TAL
The tenant has one month after receiving the notice to answer. If they do not answer, they are deemed to have refused to leave the dwelling[1].
If the tenant refuses, the landlord must apply to the TAL within the following month. They must show that they genuinely intend to repossess the dwelling for the stated purpose and that it is not a pretext[1][3].
Protection for tenants aged 65 and over
The landlord can neither repossess nor evict when the tenant, or their spouse, meets all three conditions below[1][2]:
- they are 65 or older;
- they have lived in the dwelling for at least 10 years;
- their income is equal to or below 125% of the maximum income threshold to qualify for low-rental housing.
There are exceptions for repossession, notably when the owner or the beneficiary is also 65 or older[1]. Income thresholds are published by the Société d’habitation du Québec.
Eviction and the moratorium until 2027
Eviction covers a different purpose: subdividing the dwelling, substantially enlarging it or changing its use. Bill 65, assented to on June 6, 2024, prohibits these evictions until June 6, 2027[2]. Repossession for yourself or a relative is not covered by the moratorium.
The moratorium can end earlier if the vacancy rate published by CMHC reaches 3%, after a notice in the Gazette officielle; the government can also exclude territories from the moratorium[2]. Check the status of the moratorium with the TAL before sending a notice.
| Repossession | Eviction | |
|---|---|---|
| Purpose | House the owner or a relative | Subdivide, enlarge or change the use |
| Covered by the moratorium | No | Yes, until June 6, 2027 |
| Compensation | Moving costs, if the TAL orders it | Moving costs and 1 month’s rent per year of occupancy (3 to 24 months) |
| Protection for 65 and over | Yes, with exceptions | Yes |
Eviction compensation includes reasonable moving costs and one month’s rent per year of uninterrupted tenancy, of at least 3 months and at most 24 months[1].
After the repossession
A repossessed or vacated dwelling cannot be leased again or used for another purpose without the TAL’s authorization[1]. If the landlord does not act in good faith, the tenant can claim damages, and punitive damages in case of bad faith[1].
Sample timeline for a lease from July 1, 2026 to June 30, 2027: the notice must be received no later than December 31, 2026; the tenant has one month to answer; if they refuse or stay silent, the application to the TAL is filed within the following month.
Frequently asked questions
The tenant does not answer the notice: do they accept?
No. Their silence counts as a refusal (art. 1962 C.C.Q.). The landlord must apply to the TAL within one month.
Does the moratorium prevent repossession for my daughter?
No. It only covers evictions for subdivision, enlargement or change of use. Repossession remains possible, subject to the protection for seniors.
How much does an eviction cost?
Reasonable moving costs, plus one month’s rent per year of occupancy, with a minimum of 3 months and a maximum of 24 months (art. 1965 C.C.Q.).
Can I lease the dwelling again after repossessing it?
Not without the TAL’s authorization (art. 1970 C.C.Q.).
Sources
- [1]Civil Code of Québec, arts. 1957 to 1970 · LégisQuébec · accessed on 11 octobre 2026
- [2]An Act to limit the right of lessors to evict and to strengthen the protection of senior lessees (2024, chapter 23) · National Assembly of Québec · accessed on 11 octobre 2026
- [3]Repossession of a dwelling · Administrative Housing Tribunal · accessed on 11 octobre 2026
- [4]Eviction for subdivision, substantial enlargement or change of use · Administrative Housing Tribunal · accessed on 11 octobre 2026
- [5]La reprise du logement · Éducaloi · accessed on 11 octobre 2026
This article provides general legal information, current as of the date shown. It does not constitute legal advice. For a specific situation, consult the TAL, Éducaloi, a lawyer or a notary.
