Quebec Home Reclamation Demands Increase Six Months Before Move-in Day

“We had about 50 percent more cases” this year, says a legal services group that advises homeowners and renters in Quebec.

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Before Christmas, some tenants in Quebec received more than Christmas cards in the mail. They also received notices from their owners that they intend to repossess their homes.

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For leases ending June 30, 2022, owners had until December 31 to announce their intention to repossess a unit. Tenants have one month to respond, and failure to do so is considered a denial of repossession.

Neolegal, an organization that advises landlords and tenants, saw demand for its legal services rise in these types of cases compared to December 2020 and January 2021.

“Last year, we had some files,” explained attorney Cybèle Prince. “But now, I see we had about 50 percent more cases.”

Prince said the state of the housing market is having an effect, and new buyers are asking how to get the units back.

Data compiled last year by the housing rights group Regroupement des comités logement et associations de locataires du Québec (RCLALQ) also showed a significant increase in attempts by new owners to repossess homes or evict tenants.

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The law allows recovery under certain conditions. The unit should be used to house the owner or close relatives such as children or parents. It is only allowed when the landlord is a sole owner or a couple. “If, for example, I buy a property with a friend, I can’t get the property back,” Prince said.

Prince said he advises homeowners to have a long-term “serious project” to avoid lawsuits alleging bad faith.

“It can happen. For example, we see that the repossession is authorized, but finally the person who should be occupying the home is no longer there,” he said, explaining that the law does not establish a minimum time that a homeowner must remain in a home after repossession.

A tenant can always challenge a repossession.

“It really is up to the owners to show (to the Tribunal Administratif du Logement) that they really want to get the unit back for the person and not for other reasons,” Prince said. “The judge will ask questions about the project, about what he planned.”

She recommended that tenants reject repossessions or wait for a month’s notice to negotiate with the landlord and get more information about the project.

The law also prohibits repossession when one of the occupants is over 70 years old, has lived there for more than 10 years, and has annual income that makes them eligible for social housing.

This story was produced with financial assistance from Facebook and the Canadian Press News Fellowship.