What to do if a tenant refuses to leave the dwelling at the end of the lease?

Each year, especially around June 30th, many landlords find themselves facing a delicate situation when tenants who have given notice of non-renewal or signed a termination agreement refuse to vacate their dwelling on the scheduled date. This type of behavior can lead to serious consequences, including disrupting the move-in of new tenants and causing financial losses for the landlord.

When the lease ends, whether by a termination agreement, by non-renewal, or by any other means bringing the lease to an end, the tenant (as well as any occupants) is required to leave the dwelling on the scheduled date. If they refuse to leave, they then become an occupant without rights, which gives the landlord the option to request their eviction.

This rule also applies in situations where the tenant has vacated the premises, but a sub-tenant or a third party (occupant) still resides there. In fact, a sub-tenant does not have the right to remain on the premises. Consequently, when the lease ends, it is the responsibility of the primary tenant to notify the sub-tenant of their obligation to vacate the dwelling, at least ten (10) days before the lease end date. If this notice was not given, the landlord must then inform the sub-tenant, respecting the same minimum notice period. Failure to leave on time also makes the sub-tenant an occupant without rights and exposes the tenant who signed the lease to eviction procedures before the Tribunal Administratif du Logement  (TAL), as they remain responsible for fulfilling contractual obligations.

We provide a sample Notice of End of Lease to send to the sub-tenant (10 days).

 

Remedies available to landlords

When a landlord learns, before the end of the lease, that their tenant does not intend to vacate the dwelling at the scheduled expiration date, it is strongly recommended to send them a formal notice. This step often helps avoid a procedure before the TAL, as a formal notice may be enough to convince the tenant to honor their commitments. It is therefore a preventive tool to prioritize as soon as the tenant’s intentions are known in advance. If needed, you can refer to our sample formal notice templates available here.

However, if the landlord finds that the tenant has not left the dwelling on the scheduled date, there is no obligation to send a formal notice. In such a case, starting the day after the lease ends, the landlord may file an Application to evict the lessee after the end of the lease with the TAL, to have the tenant officially recognized as an occupant without rights and obtain their eviction as quickly as possible. This type of procedure is given priority by the Tribunal, and a hearing can usually be obtained quickly (around 10 to 14 days after the request is filed).

 

Consequences for the tenant:

Before initiating any formal steps, it is strongly recommended that the landlord open a dialogue with the tenant refusing to vacate the dwelling. The goal of this discussion is to clearly explain the consequences they face for illegally remaining in the unit, in hopes of convincing them to fulfill their obligations without resorting to legal action.

The possible consequences for the tenant in violation include:

• The filing of an eviction request with the TAL, which will be recorded in the court register, potentially damaging their reputation and harming their chances of securing future housing.
• Liability for reimbursing all costs and losses caused to the landlord due to their refusal to leave, such as temporary accommodation costs for new tenants, storage of their belongings, and compensation for inconvenience. If applicable, a new formal notice must be sent once total losses are known, and a new General Request must be filed with the TAL.
• In case of non-payment of the amounts ordered by the Tribunal, collection measures may be taken, including asset seizure or reporting to credit agencies, which will negatively impact their financial record.
• Additional stress and complications related to a legal dispute, including potential time and lawyer fees.
• Loss of credibility with future landlords, sometimes making it harder to find new housing.

Through this discussion, it is also important to remind the tenant that help and support resources are often available through municipalities (such as the 311 service in Montreal). These services can help them find temporary accommodation, arrange storage of their belongings, or assist them in the search for a new place to live. They can also consider turning to relatives (family or friends) for temporary housing while looking for a more sustainable solution. Encouraging the tenant to use these resources helps ensure a faster and more humane transition while avoiding unnecessary complications.

Often, a tenant refuses to leave their dwelling out of fear of being left without a roof over their head, having not found a new home. By taking an active role and directing them to available resources and organizations, you can help solve many difficulties and ease the situation—for both the tenant and yourself.

For the year 2023–2024, 687 eviction requests¹ after lease expiry were recorded at the Administrative Housing Tribunal, an increase of 108 compared to the previous year. This upward trend has been evident for several years, and CORPIQ expects a further increase in 2025. Faced with this reality, it is crucial for landlords to understand that a tenant’s refusal to vacate their dwelling at lease end is indeed a major challenge, but that clear and effective remedies exist to address it. It is therefore essential to act quickly, properly document the situation, and know the available options in order to protect your rights as a landlord. Don’t hesitate to contact our property management advisors if you have any questions.