The repossession of a dwelling by a landlord is also an important process for tenants seeking to become landlords themselves, says the Québec Landlords Association (APQ).
The repossession of a dwelling by the landlord is an important aspect of the exercise of the landlord's property rights which are already the subject of considerable legal restrictions.
We need to keep in mind that the repossession process was put in place to allow a landlord to repossess the dwelling in order to inhabit it themselves, or to house an ascendant or descendant family member of the first degree. This process already requires a strict process of written notices and time limits.
"Many first time buyers of duplexes or triplexes do so with the intention of living in the building, as well as becoming landlords. Often, the new owner wishes to live in the building they are purchasing because they themselves have been someone else's tenant up to that point." says APQ President, Martin Messier.
"Often, the tenant contests the repossession, so the landlord has no choice but to file a request with the Régie du logement and prove to the court that the repossession is done in good faith, whereas in most other legal circumstances a person is presumed to be acting in good faith unless the contrary can be shown. This restriction on the owner's right to free exercise of their property rights shows how the law places a heavy emphasis on protecting the tenant. Additionally, the Régie du logement can order the landlord to pay monetary compensation to the tenant even when it rules to allow the landlord to repossess the dwelling!" adds
Between 2009 and 2010, only 1147 repossession requests were filed with the Régie du loogement.
"Nonetheless, it is hard to fathom that a building owner is denied the full enjoyment of his property unless they take legal action and prove that they are acting in good faith, in addition to being ordered to financially compensate the tenant in order to regain the full use of their property" says the APQ.
"What is more normal than for a real estate buyer, who is often a former tenant themselves, to decide to purchase a small rental property with a view to living in it with their family?" asks M. Messier.
As well, all the conditions to be met when repossessing, specifically the time limits and the conditions to be met are very specific, and are something new property owners find hard to deal with and manage.
The APQ offers support services to landlords thanks to its team of specialized legal professionals and encourages them to contact its legal department to make ensure that all the conditions for repossessing a dwelling are met.
Founded in 1984, the Québec Landlords Association (APQ) is the largest association of itskind serving residential landlords throughout Québec.