Repossessing a rental unit for personal use or that of a family member in Quebec requires careful consideration of the legal landscape and adherence to specific rules and regulations set out by the TAL. Landlords going through this process must be aware of the necessary steps to ensure a smooth transition while respecting the rights of the tenant.
Understanding the Purpose:
Quebec’s residential tenancy laws permit landlords to repossess a unit for their own use or for that of an immediate family member. The purpose must be genuine and not a pretext to evict a tenant. Who is an immediate family member? – There must be a direct line between you and that person (parent, child, grandchild, grandparent)
Notice Period:
Landlords must provide tenants with a written notice of repossession at least six months before the intended occupation date. This extended notice period aims to provide tenants with ample time to find alternative housing arrangements. With most leases ending on June 30th, this means that a landlord must send his notice, normally before December 31 of the year prior.
Use of Prescribed Forms:
To initiate the repossession process, landlords must use the prescribed forms provided by the Regie du logement, Quebec’s rental board. The “Notice of Repossession for Dwelling by Landlord” form (form RT-6) must be completed accurately and submitted to the tenant. Our advice is to send this notice to your tenant by either registered mail or bailiff. You might think this is an extra expense… we believe it is necessary to guarantee a notice of reception and start the countdown to your tenants response.
Tenant’s Rights:
Tenants have the right to contest the repossession notice. If they believe the landlord’s intention is not genuine or if they face undue hardship due to the eviction, they can file an application with the Regie du logement to challenge the repossession. Following the reception and response of the six-month notice period, landlords need to file an application with the Regie du logement. This initiates the formal repossession process, leading to a hearing where the tenant’s objections and the landlord’s case will be assessed.
Hearing and Decision:
The TAL will schedule a hearing to determine the validity of the repossession request. Landlords must present evidence supporting their need for repossession, such as personal use or the occupation by a family member. The TAL will then consider both sides before rendering a decision. The decision the TAL makes is final, and the landlord can submit another notice of repossession only for the next year. If the TAL rules in the landlords favour but the intended occupation is delayed, landlords must inform the Regie du logement promptly. The Regie may grant an extension if the reasons for the delay are reasonable and valid.
Tenant Relocation Assistance:
To ease the impact on tenants, landlords repossessing a unit for personal use must provide a relocation allowance. This financial assistance helps tenants cover moving costs and other related expenses.
Enforcement:
If the Regie du logement approves the repossession, landlords can proceed with the eviction process. However, it’s crucial to work with a local bailiff office to enforce the repossession order legally and respectfully.
Post-Repossession Responsibilities:
Once the tenant vacates the premises, the owner should conduct a thorough inspection, document any damages that were caused by the tenants, and address necessary repairs. Additionally, returning the tenant’s security deposit.
Repossessing a rental unit for personal use or that of a loved one in Quebec demands an in depth understanding of the legal framework and a commitment to following the procedures. By providing ample notice, using the correct forms, and respecting tenant rights throughout the TAL process, landlords can successfully repossess a rental unit while minimizing risk and issues. Consulting with legal professionals is recommended to navigate anything you do not undersyand and ensure compliance with the latest regulations.
