April tip of the month: Renovations

Read our April tips for tenants facing eviction or repossession in our article. 

While it’s true that your landlord has the right to repossess the property or evict you, the law requires him/her to respect certain specific situations. For example, your landlord has the right to ask you to leave in order to live in the property, or to house his or her children or parents. Or to subdivide, demolish, enlarge or change the nature of the dwelling (e.g. convert it into a commercial office).

On the other hand, here are five cases where eviction or repossession of your home is not permitted:

1. it’s a company

Your landlord is a company and his or her manager wants to take over your apartment so that his or her child can live there? This eviction is prohibited. Only a natural person can take over a property occupied by a tenant.

2. Your landlord has another home available

Your landlord can’t evict you if he or she owns another property that is already vacant or will be vacant on the scheduled repossession date.
However, the other apartment must be of the same type, be located nearby and have the same rent.

3. You are a low-income senior

Eviction is prohibited if all three conditions are met:

• you (or your partner) are aged 70 or over,
• you have lived in the property for at least 10 years,
• you have a low income. The law is designed to provide additional protection for seniors whose annual income qualifies them for low-rental housing (HLM).
  That said, there may be an exception if the owner is also aged 70 or over. For more information, contact the Housing Administrative Tribunal. 

4. We didn’t warn you in time

• There are deadlines for sending a notice of eviction or repossession. That’s the law.
•  If your lease is for a fixed term of more than 6 months, the notice must be sent to you 6 months before the end of the lease.
• If your lease is for a fixed term of 6 months or less, the notice must be sent to you 1 month before the end of the lease.
• If your lease is open-ended, the notice must be sent to you 6 months before the planned date of eviction or repossession.

5. The property is held in undivided co-ownership

In this case, the co-owners cannot repossess the unit and evict you. Unless there are only two of them and they’re a couple.