Housing repossession notices on the rise in Quebec

A sign advertising a rental unit. (Shutterstock)

MONTREAL -

Before Christmas, some tenants not only received holiday greetings in their mailbox, but also an eviction or repossession notice from their landlord.

It's a practice permitted by law that also comes with obligations and rights for both parties.

For a lease ending June 30, 2022, landlords had until Dec. 31, 2021 to send a repossession notice. Tenants have one month to respond, failing which they are deemed to have refused the repossession.

Neolegal, which advises landlords and tenants, has seen more demand on its legal services for this type of case compared to the Dec. 2020 and Jan. 2021 period.

"Last year, we had a few cases, but now, I see that we have had about 50 per cent more cases," says lawyer Cybèle Prince, who added that the company is also expanding.

Prince added that the hot real estate market with high acquisition numbers affects the repossession numbers, said Prince.

"New buyers are questioning the possibility of taking over homes," she said.

Data compiled last year by the Regroupement des comités logement et associations de locataires du Québec (RCLALQ) also revealed a marked increase in the number of attempts to repossess or evict units, most of which were made by new owners.

MAJOR PROJECT REQUIRING REPOSSESSION

The law provides certain conditions for repossession. It must serve to house the owner himself or one of his relatives such as his children or parents.

"The repossession is also only allowed for a single owner or for joint owners. If I buy a building with a friend, for example, I cannot repossess a dwelling," said Prince.

The lawyer advises owners to have a "serious plan" for the long term to avoid being sued for a bad faith repossession. It's best, she said, to be certain of the viability of the project.

"These are not recurring lawsuits, but they can happen. For example, we see that the repossession is authorized, but the person who was supposed to occupy the dwelling is no longer there," said Prince, noting that the law does not determine how long the person must remain in the dwelling.

She says a tenant can always challenge a repossession.

"It's really up to the landlord to prove (to the Rental Administration Tribunal) that he or she really wants to repossess the unit for the person in question and not for any other purpose. The judge will certainly ask questions about the project, about what is planned," said Prince.

Without giving legal advice, as each case is different, the lawyer recommends that tenants refuse the repossession or let the notice period expire so that they can negotiate with the landlord and learn more about the project.

The law also prevents a repossession if one of the occupants is over 70 years of age, has lived in the unit for at least 10 years and has an annual income qualifying for low-income housing.

-- This report by The Canadian Press was first published in French on Jan. 11, 2022.