The lessee has the right to maintain occupancy in the rental unit indefinitely as long as he or she respects the terms of the lease. However, the lessor may terminate the lease under certain circumstances.
Footnotes: (article 1936 Civil Code of Quebec) Every lessee has a personal right to maintain occupancy; he may not be evicted from the leased dwelling, except in the cases provided for by law.
(article 1940 Civil Code of Quebec) The sub-lessee of a dwelling is not entitled to maintain occupancy.
The sublease terminates not later than the date on which the lease of the dwelling terminates; however, the sub-lessee is not required to vacate the premises before receiving notice of 10 days to that effect from the sub-lessor or, failing him, from the principal lessor.
1. Repossession of the dwelling
The lessor of a dwelling who is the owner of the dwelling may repossess it as a residence for himself or herself or a relative or person identified in article 1957 of the Civil Code of Quebec.
Footnotes: (article 1957 Civil Code of Quebec) The lessor of a dwelling who is the owner of the dwelling may repossess it as a residence for himself or herself or for ascendants or descendants in the first degree or for any other relative or person connected by marriage or a civil union of whom the lessor is the main support.
The lessor may also repossess the dwelling as a residence for a spouse of whom the lessor remains the main support after a separation from bed and board or divorce or the dissolution of a civil union. (article 1957 Civil Code of Quebec)
A lessor wishing to repossess a dwelling must notify the lessee at least six months before the expiry of the lease in the case of a lease with a fixed term of more than six months; if the term of the lease is six months or less, the notice period is one month. (article 1960 paragraph 1 Civil Code of Quebec)
In the case of a lease with an indeterminate term, the notice shall be given six months before the date of repossession or eviction. (article 1960 paragraph 2 Civil Code of Quebec)
In a notice of repossession, the date fixed for the dwelling to be repossessed, the name of the beneficiary and, where applicable, the relationship or the bond between the beneficiary and the lessor must be indicated.
Within one month after receiving notice of repossession, the lessee must notify the lessor as to whether or not he intends to comply with the notice; otherwise, he is deemed to refuse to vacate the dwelling (article 1962 Civil Code of Quebec).
If the lessee refuses to vacate the dwelling, the lessor may repossess it with the authorization of the court. Such application must be made within one month after the refusal by the lessee. (article 1963 Civil Code of Quebec)
Where the court authorizes repossession, it may impose such conditions as it considers just and reasonable, including in the case of repossession, payment to the lessee of an indemnity equivalent to his moving expenses. (article 1967 Civil Code of Quebec)
2. Eviction to divide the dwelling, enlarge it or substantially change its nature
The lessor of a dwelling may evict the lessee for the purposes of dividing the dwelling, enlarging it substantially or changing its destination (article 1959 Civil Code of Quebec). In the case of a lease with a fixed term the lessor must notify the lessee six months before the expiry of the lease. If the term of the lease is six months or less, one month's notice is required. In the case of a lease with an indeterminated term, the notice shall be given six months before the date of the repossession or eviction (article 1960 Civil Code of Quebec).
The notice of eviction must provide the reason for, and the date of eviction (article 1961 paragraph 2 Civil Code of Quebec).
The lessor shall pay an indemnity equal to three months' rent and reasonable moving expenses to the evicted lessee. If the lessee considers that the prejudice he sustains warrants a greater amount of damages, he may apply to the court for the fixing of the amount of the indemnity. The indemnity is payable at the expiry of the lease; the moving expenses are payable on presentation of vouchers (article 1965 Civil Code of Quebec).
Within one month after receiving the notice of eviction, the lessee may apply to the court to object to the division, enlargement or change of destination of the dwelling; otherwise, he is deemed to have consented to vacate the premises. Where an objection is brought, the burden is on the lessor to show that he truly intends to divide, enlarge or change the nature of the dwelling and that he is permitted to do so by law (article 1966 Civil Code of Quebec). Where the court authorizes eviction, it may impose such conditions as it considers just and reasonable (article 1967 Civil Code of Quebec).
3. Eviction due to the death of the tenant or an extended sublet of the unit
The lessor may resiliate the lease where the lessee has sublet the dwelling for more than twelve months by giving notice to the lessee and the sub-lessee; the notice period is the same as for modification of the lease (see Renewal of a Lease Term) (articles 1942 and 1944 Civil Code of Quebec).
The lessor may resiliate the lease where the lessee has died and was living alone at the time of death, by giving the notice to the heir or to the liquidator of the estate (article 1944 Civil Code of Quebec). The heir, or liquidator of the estate, may contest the notice within one month after receiving it; otherwise, he is deemed to have agreed to resiliate the lease.
A person living with the lessee at the time of death of the lessee has the same right and becomes the lessee if he or she continues to occupy the dwelling and gives notice to that effect to the lessor within two months after the death. If the person does not avail himself or herself of this right, the liquidator of the succession or, failing him or her, an heir may, in the month which follows the expiry of the period of two months, resiliate the lease by giving notice of one month to that effect to the lessor (article 1938 paragraph 2 Civil Code of Quebec).
