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Canadian economy to avoid current U.S. recession

Canadian economy to avoid current U.S. recession

Article 1936 of the Civil Code of Quebec stipulates that « Every lessee has a personal right to maintain occupancy; he may not be evicted from the leased dwelling, except in the cases provided for by law ».

According to this principle of the right to maintain occupancy a tenant may remain in his apartment as long as he wants if he abides by the conditions of his lease.

Repossession of an apartment, however, is the exception to the rule. Indeed, the owner of the dwelling may repossess it to:

  • Live there himself ;

  • Let his father, his mother, his son or his daughter live there ;

  • Let any other relative or related person to whom he is the principal support (materially or morally) live there ;

  • Let a former partner to whom he remains the principal support (materially or morally) after their legal separation (by legal decision), their divorce or the dissolution of their civil union.

The owner of the building must forward a written notice to the tenant, informing him of his intention to repossess the apartment. Plenty of facts and information must be registered like, for instance, the date set for the repossession to take place, the surname and first name of the person that will occupy the apartment as well as the degree of his relation or link with this person.

In fact, for a lease of more than (6) months and for a lease of undetermined length, the notice of repossession of an apartment must be given at least six (6) months before the end of the lease. For a lease of less than six (6) months, the so-called notice must be given at least one (1) month before the end of the lease.

The tenant who does not respond to the notice given by the landlord within a delay of one month, is reputed for having refused to leave the apartment and the landlord must then ask himself to the Court the permission to repossess the apartment.

On the one hand, if the tenant demonstrates his refusal by a written response, the landlord’s request must be submitted to the Régie du logement within a month after reception of the response of refusal.

On the other hand, if the tenant has not responded, the request must then be submitted within the month following the end of the delay of the tenant’s response. If the owner does not submit his request to the Régie du logement, the tenant may continue to live in the apartment.

Consequently, before submitting your request to the Régie du logement, make sure that you will respect the delays mentioned because they are strict.

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Québec Landlords Association (1)

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