Repossessing a dwelling: the notice must be sent by December 31

Repossession of a dwelling is a right governed by the Civil Code of Québec. It allows a landlord to take back a dwelling to live in it themselves or to house an eligible family member. It must reflect a genuine and serious intention to live in the dwelling permanently. As with any step involving a tenant, it is important to respect both the rules and a sense of ethics.

When it is well prepared, with respect for the rules and for the tenant, a repossession usually takes place without conflict. Here are the key points.

Deadlines to respect

The notice period depends on the length of the lease:

• Lease of more than 6 months: at least 6 months before the end of the lease;
• Lease of 6 months or less: at least 1 month before the end of the lease;
• Lease with no fixed term: at least 6 months before the planned repossession date.

For a 12-month lease ending on June 30, 2027, the tenant must therefore receive the notice no later than December 31, 2026. A late notice does not allow you to repossess the dwelling that year, unless you reach an agreement with the tenant.

The tenant then has one month to reply. If they do not reply, they are deemed to have refused. In the event of a refusal, whether expressed or by silence, you have one month to file an application with the Tribunal administratif du logement (TAL).

Check that repossession is possible

Before sending the notice, make sure you meet all the conditions. Our decision tree covers the key questions:

• At the time of the repossession, do you own a vacant dwelling, or one offered for rent, that is similar to the one you wish to repossess? If so, repossession is not possible.
• Is the building owned by a single individual or by spouses? Repossession is not possible if the building belongs to a company or to co-owners who are not spouses.
• Are you both the owner and the lessor of the dwelling?
• Is the beneficiary eligible: yourself, your parents or children, a relative or person connected by marriage or civil union for whom you are the main support, or a former spouse for whom you remain the main support?

Special protection applies to senior tenants. A dwelling cannot be repossessed if the tenant or their spouse meets all three of these criteria: being 65 or older, having lived in the dwelling for at least 10 years, and having an income equal to or below 125% of the maximum income for eligibility for low-rental housing. Exceptions exist, notably when the beneficiary of the repossession is also 65 or older.

Download the decision tree (PDF, in French)

What the notice must contain

The notice must be in writing and indicate:

• the planned date of the repossession;
• the name of the beneficiary;
• where applicable, their degree of kinship or relationship with you;
• a reproduction of article 1959.1 of the Civil Code of Québec.

Members have access to a compliant repossession notice template, as well as a tenant reply form, in our letter and form templates.

Best practices

• Plan ahead. Don’t wait until the last days of December: allow time to confirm your eligibility and send the notice.
• Keep proof of delivery. Electronic registered mail with proof of opening, registered mail with signature, hand delivery against signature, or a bailiff.
• Include a reply form. It makes it easier for the tenant to respond and clarifies the deadlines for everyone.
• Communicate with respect and transparency. Explain your plans, answer questions and give the tenant time to make arrangements.
• Document your plans. Keep evidence of your genuine intention to live in the dwelling and written records of your exchanges.
• Keep your commitment. The repossessed dwelling must be occupied by the beneficiary named in the notice.

If the TAL authorizes the repossession, it may also order the payment of compensation covering the tenant’s moving expenses and impose any conditions it considers just and reasonable.

Need support?

To learn more, see our page La reprise de logement or our training Anticiper et gérer la reprise et l’éviction. Members can also contact our property management advisors to review their situation before sending the notice.

This article and the decision tree are provided for information purposes only and do not constitute legal advice. Even when all conditions appear to be met, authorization of a repossession refused by the tenant remains subject to the TAL’s assessment.