Avis d'éviction / Reprise de logement (Québec)

A Quebec eviction and repossession notice (avis d'éviction ou de reprise de logement) is a formal legal document that a landlord (locateur) must send to a tenant (locataire) to inform them that they must vacate a residential dwelling. In Quebec, the rules governing eviction and repossession are among the most tenant-protective in North America, codified in articles 1957 to 1970 of the Civil Code of Quebec (C.c.Q.). These provisions establish strict requirements regarding the grounds that can justify ending a tenancy, the notice periods that must be respected, the indemnities owing to displaced tenants, and the rights of tenants to contest the notice before the Tribunal administratif du logement (TAL).

Quebec distinguishes clearly between two types of notices. The first is a repossession notice (avis de reprise de logement), governed by article 1957 C.c.Q., which allows a landlord who is the owner of the building to recover possession of a dwelling in order to occupy it personally, or to house a close family member or dependant. The second is an eviction notice (avis d'éviction), governed by article 1959 C.c.Q., which allows a landlord to terminate a tenancy when the landlord intends to subdivide the dwelling, substantially enlarge it, change its use, or demolish it.

A critical development in 2024 significantly changed the legal landscape. The Act to limit the right of lessors to evict and to strengthen the protection of elderly tenants (Bill 31), which came into force on February 21, 2024, introduced a three-year moratorium on evictions for subdivision, substantial enlargement, and change of use. It also established new protections for tenants who are 70 years of age or older, have occupied their dwelling for at least 10 years, and whose income falls below the threshold for eligibility for low-rental housing (HLM). These protections mean that landlords must carefully assess their legal situation before issuing any eviction or repossession notice in Quebec, as the consequences of acting in bad faith can include significant punitive damages.

A Quebec eviction or repossession notice is needed in several specific circumstances defined by the Civil Code of Quebec. The most common scenario requiring this document is when a landlord wishes to repossess their property for personal use or to house a family member. Under article 1957 C.c.Q., a landlord who is the owner of a residential building may decide to occupy one of its units themselves, or to house a parent, child, grandparent, grandchild, sibling, or a person who is their main charge as their principal residence. In these cases, a formal repossession notice is legally required, and the notice must be sent at least 6 months before the end of the lease for leases of 12 months or more, giving the tenant time to find alternative housing.

Another scenario requiring this document is when a landlord intends to substantially transform a residential property — whether through subdivision of the dwelling into smaller units, major enlargement that requires the dwelling to be vacated, a change of use from residential to commercial or other purposes, or outright demolition of the building. Note that since Bill 31 (2024), subdivision, enlargement, and change-of-use evictions have been subject to a three-year moratorium, making demolition-based evictions currently the only generally available ground for eviction under article 1959 C.c.Q.

The notice is also needed when a landlord decides not to renew a fixed-term lease and wishes to use the dwelling for one of the permitted purposes. In this case, the notice must be sent within the applicable delay period before the lease expires. Finally, for month-to-month (indeterminate) tenancies, the notice must be sent at least 6 months before the intended repossession date, as there is no fixed end date that automatically triggers the right to repossess. Landlords should also carefully verify whether the tenant in question qualifies for elderly tenant protection under the 2024 amendments before issuing any notice, as serving a notice to a protected tenant may be legally ineffective and could expose the landlord to liability.

A legally valid Quebec eviction or repossession notice must contain several essential elements to comply with the requirements of the Civil Code of Quebec and withstand scrutiny by the Tribunal administratif du logement (TAL). Missing or inaccurate information can render the notice legally ineffective, and the landlord may have to start the process over with a new notice, potentially losing months of delay.

The first essential element is precise identification of both parties — the landlord and the tenant. The notice must clearly identify who is issuing the notice (the landlord, who must be the owner for repossession purposes) and who is receiving it (the tenant or all co-tenants named in the lease).

The second element is a complete and accurate description of the dwelling, including its full address and unit number. Any ambiguity about which dwelling is subject to the notice can be used by the tenant to challenge its validity.

The third element is the legal ground for the notice. The notice must clearly state the specific legal basis — repossession for personal use, repossession for a family member, eviction for subdivision, eviction for demolition, etc. — with sufficient factual details to establish that the ground is real and legitimate. For repossession for a family member, the name, relationship, and circumstances of the beneficiary must be clearly stated.

The fourth element is the required notice period. The notice must be served within the mandatory delays specified by article 1960 C.c.Q.: at least 6 months before the end of a lease of 12 months or more, 1 month for leases under 12 months, and 6 months before the intended date for month-to-month tenancies.

The fifth element is the indemnity information. For evictions under article 1959 C.c.Q., the notice must address the tenant's right to an indemnity of at least three months rent plus moving expenses. For repossession, no statutory indemnity is required, but any voluntary indemnity being offered should be clearly described.

Finally, the notice must inform the tenant of their right to contest the notice before the TAL within one month of receipt, and must be signed by the landlord and delivered by a method that creates proof of receipt, such as registered mail, bailiff service, or personal delivery with a written acknowledgement.