We would like to make an important clarification:
The termination of the lease and the eviction of the tenant are still possible despite the adoption of Bill 65.
Many landlords who contact us are under the impression that it is impossible now to terminate their tenant's lease for any reason whatsoever due to the recent passage of Bill 65 in June 2024.
In fact, requests to terminate the lease by eviction for failure to comply with the lease, such as late payment of rent, frequent late payment of rent or behavioural problems, as well as any problem that causes serious harm to the landlord, are still possible.
But what has changed then?
PROHIBITION OF EVICTING THE TENANT FROM A DWELLING
1. Despite Section 1959 of the Québec Civil Code, no tenant may be evicted from a dwelling before June 6, 2027 for the purposes provided for in that Section.
2. The Government may exempt from the application of this section 1 dwellings located in any part of the territory of Québec, whether or not it would be for a fixed period of time.
3. A tenant evicted in violation of Section 1 may apply to the Tribunal administratif du logement to claim compensation under Section 1965 of the Québec Civil Code, damages for any harm he has suffered and punitive damages.
In fact, by adopting Bill 65, the Government has imposed a moratorium prohibiting evictions, among other things, with the subdivision or extension of a housing as well as the change of use of a housing.
In practical terms, before, if a landlord wanted to change the use of his dwelling from the conventional residential lease that we know, to a commercial use, for instance, it was possible to terminate the lease in various ways. It was also possible for a landlord, who, still under specific conditions, wanted to change the size of the dwellings by, for instance, adding rooms to the dwelling, by increasing the size of the dwelling or by merging smaller dwellings together to make a larger dwelling, or by dividing a large dwelling to make two smaller dwellings.
These types of evictions are no longer possible for the moment, with rare exceptions, following the adoption of Bill 65.
The Government has thus put in place a three-year moratorium that prohibits them, with some exceptions.
A distinction must therefore be made between eviction and outright expulsion of a tenant.
You can consult Bill 65, An Act to limit lessors’ right of eviction and to enhance the protection of senior lessees, at the following link: https://www.publicationsduquebec.gouv.qc.ca/fileadmin/Fichiers_client/lois_et_reglements/LoisAnnuelles/fr/2024/2024C23F.PDF
Do not hesitate to contact us if you have any questions.
Termination of the lease and eviction of the tenant are still possible
