Deadlines to respect when sending a notice of repossession of a rental unit

When a landlord wishes to repossess a rental unit to house a child, a parent, or to live in it themselves, they must follow the deadlines set by law. These deadlines for a notice of repossession of a rental unit are governed by the Civil Code of Quebec. Misunderstanding the rules or making a timing error can result in the failure of your request, even if your reason is legitimate.

Deadlines to follow based on the type of lease

The deadlines for sending a notice of repossessions vary based on the lease term:

• Lease longer than six months: at least six months’ notice before the end of the lease;
  

• Lease of six months or less: at least one month’s notice before the end of the lease;
  

• Indeterminate lease: at least six months’ notice before the desired date of repossession.
  
  

Therefore, for a 12-month lease, the notice of repossession must be sent to the tenant at least six months before the end of the lease. For example, if the lease expires on June 30, the notice must be delivered no later than December 31 of the previous year.

The tenant has one month to respond from the date they receive it. If you don’t get a reply, the tenant is considered to have refused. You must then apply to the TAL within one month of the refusal (whether explicit or due to silence) to obtain authorization to repossess the unit.

Contents of the notice of repossession

The notice must be given in writing and must include:

• The date of repossession;
  

• The name of the person who will occupy the unit;
  

• Their relationship to you (if applicable);
  

• A copy of article 1959.1 of the Civil Code of Quebec.
  
  

A notice template is available for CORPIQ members. Using it will help ensure you don’t forget any required information.

Protection for senior tenants

Since June 2024, the law has been amended to offer greater protection for senior tenants against repossession. As of that date, a landlord cannot repossess a unit if the tenant or their spouse meets all three of the following criteria:

• Is 65 years of age or older;
  

• Has lived in the unit for at least ten years;
  

• Has a low income.
  
  

Note: Exceptions exist if the person benefiting from the repossession is also 65 or older, or if the landlord, who is 65 or older, intends to house a beneficiary under the age of 65.

Practical tips

• Keep proof of delivery of the notice (e.g., certified email with an open/read report, registered mail with signature, hand-delivery with signed acknowledgement, or bailiff delivery).
  

• Use an approved form (TAL or CORPIQ).
  

• Be sure to respect all legal deadlines, or you’ll have to wait until the following year, unless both parties reach a mutual agreement.
  

• Keep written records of all communications related to the repossession beyond the formal notice, if applicable.
  
  

Learn more

To learn more about repossession, we invite you to read our full article on the topic written by Sophie Sallaleh, Director of Advisory Services and Training at CORPIQ, published in our PROPRIO magazine. You’ll find real-life examples and helpful clarifications to help you plan a repossession in compliance with the law.

And don’t forget: CORPIQ members have access to personalized consulting services. For any questions, feel free to contact our team of real estate experts—they’re here to help.