When Can a Landlord Evict a Tenant in Quebec?

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Picture of By <span>Matthew Roberts</span>
By Matthew Roberts

Updated on July 31, 2024

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Picture of By <span>Matthew Roberts</span>
By Matthew Roberts

Updated July 31, 2024

Visit author page

5 minute read

Article Contents

Understanding tenant rights and obligations is critical for a smooth, hassle-free relationship with your Quebec landlord. Tenants who don’t handle their responsibilities under their lease can be evicted, but even then, eviction is strictly regulated and has rules like minimum notice periods to protect tenant rights.

Tenant Rights and Eviction in Quebec at a Glance

  • Tenants can’t be evicted without just cause in Quebec. All eviction notices should state the reason for the eviction and its date, and only certain grounds are considered just causes.
  • In Quebec, a landlord can’t evict a tenant simply because they’re selling the property. The buyer of the property will have to remove the tenant under the rules of repossession, as both the tenant and the lease the tenant signed are part of the deal with the buyer.
  • Before undertaking major renovations, a landlord is legally required to notify their tenant at least 10 days ahead – or more, depending on the circumstances.

When can a landlord evict a tenant in Quebec, and what legal processes do they have to follow? Read our guide to learn the different valid reasons for eviction, how Bill 31 has affected rules on housing and eviction, as well as your rights as a tenant.

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When Can a Landlord Evict a Tenant in Quebec?

Renting a property in Quebec comes with specific obligations, and not following through on these obligations can lead to eviction. These are the primary reasons for Quebec landlords to evict tenants:\

Non-payment of rent:

Tenants are responsible for paying their rent in full and on the due date. If a tenant is more than three weeks late in paying rent, a landlord can file an application with the Tribunal administratif du logement (TAL) to recover the unpaid rent and request for eviction.

End of lease:

A landlord who wants to use the property for personal use or for their immediate family can evict a tenant when the lease ends, as long as they give proper notice at least six months before the end date.

Disturbing other tenants:

If you cause considerable disturbances to other tenants, the landlord has the right to request eviction.

Serious damage to the property:

Intentional damage or damage to the rental property caused by negligence is another common ground for potential eviction. That’s why it’s crucial to have tenant insurance to protect your belongings and cover liabilities, especially in cases of damage or legal disputes.

Subletting without permission:

Tenants should always ask for their landlord’s permission before they sublet the rental property. Subletting without a landlord’s consent gives them the right to evict a tenant.

Reasons for eviction in Quebec

Rules for an Eviction Notice in Quebec

In addition to evicting only on certain grounds, Quebec landlords must follow these requirements when issuing an eviction notice to a tenant:

For leases that are at least six months long or for an indeterminate period, landlords are required to give at least six months’ notice for eviction.  For leases of less than six months, they need to give at least one month’s notice.

Eviction notices are required to note the reason for eviction and the date by which the tenant has to vacate the property.

Tenants have 30 days to give a written response to the notice and refuse to leave their unit. Note that under Bill 31, tenants who don’t respond to eviction notices within those 30 days are now automatically deemed to have refused the notice.

If a tenant refuses to leave, a landlord can obtain an eviction order by applying with TAL.

Additional Rights and Obligations of Quebec Tenants

Just as landlords have to follow certain rules and requirements, Quebec tenants have rights and responsibilities that they should know about and uphold, such as:

  • Prohibitions on discrimination: The Charter of Human Rights and Freedoms prohibits landlords from discriminating against tenants based on race, religion, colour, language, or sexual orientation. Discriminatory acts can be reported to the Commission des droits de la personne et des droits de la jeunesse.
  • Responsible rental unit usage: Tenants must use the rental unit responsibly, keep it clean, and repair any damages that they or their guests cause to the property.
  • Notification about serious repairs: Tenants must inform landlords promptly about serious problems that need repairs, such as clogged pipes or damaged roofing. If the landlord doesn’t take care of the problem, tenants can arrange for repairs and seek reimbursement for the cost.
  • Rules on access and visitation: Landlords can’t include clauses restricting guests or having additional occupants like family members or roommates.
  • Rules on renovations: Apart from requiring a minimum 10-day period to notify tenants of major renovations, landlords aren’t allowed to raise rent post-renovation for the current lease period.
  • Protection from noise concerns: Tenants have the right to peacefully enjoy their rented homes without disturbances. If they are disturbed by other tenants, they can first try to amicably resolve the issue. However, a formal notice can later be sent to the landlord with a deadline for action. If the deadline passes without a solution, the tenant can file an application with TAL to assert their rights.
  • Restrictions on pets within the rented property: Generally, landlords may include a lease clause prohibiting tenants from having any kind or certain kind of pets. An exception under the Charter of Human Rights and Freedoms is made for tenants who need service animals to assist them with their disabilities.

Recent Updates Related to Eviction and Tenant Rights in Quebec

Bill 31 was passed on February 27, 2024, making significant changes to Quebec’s rules on eviction, hearings, and lease assignments. Here are important points from the bill that every Quebec tenant and landlord should apprise themselves of:

Lease transfer and subletting restrictions:

The newly passed bill now allows Quebec landlords to refuse lease transfers without any serious reason. Controversially, the bill also allowed landlords to terminate a lease if a tenant asks to transfer it and explicitly prohibits assignment and subletting “for profit”.

Automatic refusal of eviction notice if there’s no response:

Under the new bill, tenants who don’t respond to eviction notices are automatically deemed to have refused the eviction notice. Previously, tenants had to bring a form to TAL to refuse an eviction.

Eviction compensation:

Landlords now have to compensate evicted tenants, paying “reasonable moving expenses” and one month’s rent for every year the tenant lived in the property. Compensation is capped at 24 months of rent even if the tenant has lived there for more than 24 years. The landlord also has to give at least three months’ worth of rent even though the tenant has lived there for less than three years.

Damages for false pretences:

Tenants can now file a claim for damages if they can prove their landlord evicted them out on false pretences, even if they consented to leave. The landlord will have the burden of proof to show they acted in good faith.

Key Advice from MyChoice

  • Tenant insurance isn’t mandatory, but some Quebec landlords may include it as a requirement in a lease. It’s still worth it to get it as it protects your belongings and covers the cost of alternative accommodations if you need to relocate due to emergencies, as well as the cost of liability claims if you cause accidental damage.
  • Quebec landlords can’t legally prevent you from having overnight guests, even if they try to enforce a restriction clause that threatens eviction. Remember that you have the right to decide whom to invite to visit the property. However, note that you’ll be liable for any damages or disturbances caused by your guests.
  • New buyers can’t just evict a tenant from a property after buying it from their old landlord – they’ll need to initiate repossession. This still requires proper notice and a just cause, so if a new buyer asks you to leave, remember that you don’t have to budge if they don’t follow legal requirements.

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