Homeowners: what rules apply when repossessing a property?

Are you a homeowner looking to buy back a property you currently rent? Discover the rules to follow when repossessing your home. 

You own a building, or are about to do so, and are planning to move into your (new) property, but it is currently rented out… When it comes to repossessing a property, certain rules apply. Let us explain them to you.

In principle…

A homeowner can repossess a property to “ live in it himself, or to house one of his first-degree ascendants or descendants, or any other relative or ally for whom he is the main breadwinner”. “This could be his parents, his children, or even the children of his de facto spouse if he is the main breadwinner. 

But…

• The owner must not have purchased under a company name,
• He must be the owner of the building,
• He/she must not own an undivided share of the property, unless the only other owner of the undivided property is his/her spouse.

Unless the tenant agrees, a landlord may not repossess a dwelling if he or she already owns another dwelling that is vacant or will be available for rent on the repossession date, and if this available dwelling meets these conditions: 

• It is of the same type as the one occupied by the tenant involved in the repossession,
• It is located in the vicinity of the trade-in dwelling,
• The rent is equivalent to that of the unit being repossessed.

What’s more, the law also protects a tenant in one of these situations…

• He and/or his spouse are aged 70 or over,
• He has lived in the property for 10 years or more,
• His annual income makes him eligible for low-cost housing.

… But if the owner is aged 70 or over, he or she can take over the property and live in it!

How soon? 

The notice of repossession must be sent to the tenant within the following deadlines:

• At least 6 months before the lease expires for a fixed-term lease of more than 6 months,
• At least one month before the lease expires for a fixed-term lease of 6 months or less,
• 6 months before the trade-in date, for an open-ended lease.

A date to remember? 

December 31, so that we can give tenants 6 months’ notice before the end of a lease that runs until June 30, which is often the norm in Quebec! You should also visit your notary before this date if you are planning to buy a trade-in at the end of the year…

For full details of current legislation, visit the Régie du logement website: https: //www.tal.gouv.qc.ca/ 

Need help with your buying or selling project? Contact us!