Tenants: what to do when you are asked to vacate your dwelling
Did your landlord ask you to leave? See what your options are in the 4 following scenarios: eviction, evacuation for construction work, eviction for late payment or repossession. In some cases, the city may help you store your belongings.
To guide you, below is a summary of the most common situations. To find out more, and for legal details, see the following resources:
- Go to Tribunal administratif du logement (TAL) and Éducaloi
- Contact a housing committee
1. Eviction
Your landlord wants to evict you in order to enlarge, subdivide or change the destination of your dwelling unit.
Until June 6, 2027, lessors are no longer allowed to send an eviction notice, nor to carry out construction work for the following purposes:
- To subdivide a dwelling unit
- To enlarge an existing unit
- To change the use or destination of a unit
If you have received a notice for one of the reasons listed above, you do not need to reply. You may continue to occupy your dwelling unit. You are protected by law. Read the legal details.
2. Evacuation for major work
If your landlord asks you to temporarily vacate your dwelling unit in order to carry out major work (without enlargement, subdivision or repurposing), they must send you a notice.
The notice must specify an amount offered by your lessor in compensation for this temporary eviction.
If the content of this notice is not to your satisfaction, you have 10 days to refuse it. Failure to respond is equivalent to a refusal. In both cases, the landlord must inform the court (TAL) if they intend to continue the procedure within a 10-day timeframe.
No effect on current rent amounts
Your lease remains valid for the duration of the work. Your landlord may not amend your rent during the period covered by your lease agreement, regardless of the type of work being carried out or of whether or not it requires your evacuation from the dwelling unit.
If the work is completed during the period covered by your lease agreement, your landlord must return the dwelling to you in good condition and under the same terms agreed upon in the lease.
The landlord can only take into account the cost of the construction work when establishing the rent at the time of the lease renewal.
Emergency work
In exceptional situations, for instance in the case of significant water damage, the landlord may access your dwelling unit at any time in order to carry out the emergency work. While advance notice is preferable, it is not mandatory.
In case of an emergency evacuation due to a disaster, please know that your lease remains valid, even though you live elsewhere temporarily. Do not sign anything under pressure and find out more about your rights (TAL, housing committee, etc.)
3. Eviction for unpaid rent or for frequent late payments
Has your landlord asked you to leave because you have not paid your rent? They can in fact file a case with the TAL for one of the following reasons:
- You paid your rent more than 3 weeks late
- Your rent payments are frequently late
The lessor must show that the situation causes them grave prejudice. If the TAL renders a decision stating that you are in default, your lease will be terminated.
You are required to comply with the court’s decision and vacate your dwelling unit. If you fail to comply, the lessor can hire a bailiff to evict you from the unit.
Storing your belongings in case of an eviction
You are required to remove all your furniture and personal belongings prior to the eviction day, or latest on that day.
If you are unable to do so, certain boroughs offer the possibility to help store your goods for a duration of 30 to 60 days, as the case may be. This storage service may or may not be free of charge.
Recovering your belongings after an eviction
4. Repossession of a dwelling unit
Did you receive a notice of repossession of your dwelling unit? The owner is entitled to the repossession of their unit for the following reasons:
- To occupy it
- For occupancy by an immediate family member
- For occupancy by a person for whom they are the main caregiver
The notice is only valid if it complies with the timeframes and requirements.
If you refuse to vacate the dwelling
If you refuse to leave your dwelling unit, you have the option of notifying your landlord in writing or not notifying them at all, which is also deemed to be a refusal.
Your landlord then has 1 month to file a case with the TAL, in order to obtain teh authorization to repossess the dwelling.
If your landlord obtains the authorization to repossess, you can request that they reimburse your moving expenses. The court may also establish conditions that it deems fair and reasonable.
Cases of illegal repossession
If you are at least 65 years old, are living on a modest income (in French) and have been living in your dwelling unit for at least 10 years, you are protected by law. Your landlord is not permitted to repossess the dwelling unit.
Exceptions
Your landlord is allowed to repossess the dwelling unit in the following 3 cases:
- They are at least 65 years old and wish to occupy the unit.
- They wish to use your dwelling unit to house a person who is at least 65 years old in your dwelling unit.
- They are at least 65 years old, they reside in teh same building and wish to house a family member or loved one who is less than 65 years old in the same building.
If the building is for sale, it is not considered a repossession, and you are entitled to remain in your dwelling. Your rent will remain the same. You will not need to sign a new lease.
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