Repossessions of apartments are becoming more and more common in Quebec. This article explains in what situations a landlord can — and can’t — repossess an apartment.
From 2014 to 2022, repossession requests at the Tribunal administratif du logement (TAL or rental board) increased from 800 to more than 2500.
It’s important not to confuse repossession with “evictions”, even though the result for the tenant is the same: losing your apartment. This article discusses repossessions. For information on evictions, see our article on Eviction.
To move in or house a family member
In general, landlords can repossess a rental unit to
- live there themselves
- have their children or parents live there
- have any other relative, or family member by marriage, live there if the landlord is that person’s main source of support (for example, a mother-in-law or son-in-law), or
- have an ex-spouse (married or civil union) live there after a separation or divorce — if the landlord is the spouse’s main source of support.
However, your landlord cannot repossess your unit if you (or your spouse) is age 65 or over and has lived in the apartment for ten years or more and has an income equal to or less than 125% of the income level that would qualify you for low-rental housing. These conditions must be present on the intended date of repossession.
However, even if you meet all the above conditions, your landlord could still move ahead with the repossession or eviction if:
- your landlord is age 65 or over and wants to move in
- the person who will move in is age 65 or over, or
- your landlord is age 65 or over, lives in the building and wants to house a person younger than 65 in your apartment.
Important: the rules concerning age and income mentioned above generally apply for repossession requests made on June 6, 2024, or after. Different conditions apply before that date. For more information, see the TAL’s information sheet (in French only) or contact the TAL
For more detailed information on repossession, see our article Repossession of Rental Housing.