Lacombe Avocats



Repossession of a dwelling and eviction

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1957. The lessor of a dwelling who is the owner of the dwelling may repossess it as a residence for himself or herself or for ascendants or descendants in the first degree or for any other relative or person connected by marriage or a civil union of whom the lessor is the main support.

The lessor may also repossess the dwelling as a residence for a spouse of whom the lessor remains the main support after a separation from bed and board or divorce or the dissolution of a civil union.

1957 CASE LAW Seul celui qui cumule la fonction de propriétaire et de locateur peut reprendre le logement pour y loger lui-même, ses ascendants ou descendants au premier degré, ou toute autre personne dont il demeure le principal soutien. Ton c. Bourne, (C.Q., 2005-06-09)

1960. A lessor wishing to repossess a dwelling or to evict a lessee shall notify him at least six months before the expiry of the lease in the case of a lease with a fixed term; if the term of the lease is six months or less, the notice is of one month.

In the case of a lease with an indeterminate term, the notice shall be given six months before the date of repossession or eviction.

1961. In a notice of repossession, the date fixed for the dwelling to be repossessed, the name of the beneficiary and, where applicable, the degree of relationship or the bond between the beneficiary and the lessor shall be indicated.

1962. Within one month after receiving notice of repossession, the lessee is bound to notify the lessor as to whether or not he intends to comply with the notice; otherwise, he is deemed to have refused to vacate the dwelling.

1963. If the lessee refuses to vacate the dwelling, the lessor may nevertheless repossess it with the authorization of the court.

The application for authorization must be made within one month after the refusal by the lessee; the lessor shall show the court that he truly intends to repossess the dwelling for the purpose mentioned in the notice and not as a pretext for other purposes.

1964. The lessor may not, without the consent of the lessee, avail himself of the right to repossess the dwelling where he owns another dwelling that is vacant or offered for rent on the date fixed for repossession, and that is of the same type as that occupied by the lessee, situated in the same neighbourhood and at equivalent rent.

1964 CASE LAW Il n’est pas nécessaire que les deux logements soient identiques. Il suffit qu’ils soient interchangeables dans leurs caractéristiques principales. Nantel c. Forsyth, (R.D.L., 1981-04-24)

1965. 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 injury he suffers warrants greater damages, he may apply to the court to have the amount fixed.

The indemnity is payable at the expiry of the lease; the moving expenses are payable on presentation of vouchers.

1970. A dwelling that has been the subject of a repossession or eviction may not, without the authorization of the court, be leased or used for a purpose other than that for which the right was exercised. If the court gives authorization to lease the dwelling, it fixes the rent.

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