Can you repossess a unit when buying a plex in Quebec?
By Thomas Lymburner, real estate agent (broker), RE/MAX Direct
Key facts
- Only a natural person can repossess a unit; co-owners generally cannot unless they are spouses.
- Repossession is for living in the unit or housing certain relatives; it cannot rely on a false or unlawful reason.
- Notice: 6 months for a lease longer than 6 months, 1 month for a lease of 6 months or less, 6 months for an indefinite lease.
- Combined protection conditions: tenant or spouse aged 65+, occupancy of 10+ years and income at or below 125% of the low-rent housing threshold, subject to exceptions.
- The tenant has one month to reply; silence is refusal. After a refusal, the owner has one month to seek TAL authorization.
- No compensation is required, but the TAL may order reasonable moving costs when it authorizes repossession.
Who can repossess a unit, and for whom?
Only a natural person can repossess a unit. If a company owns the building, the company’s owner cannot repossess it.
An owner may repossess to live in the unit, house a child or parent, or house a more distant family member by blood or marriage whom the owner mainly supports. An ex-spouse whom the owner mainly supports is also eligible.
Co-owners generally cannot repossess unless they are spouses: married, in a civil union or de facto spouses.
What if a similar unit is vacant nearby?
Repossession is not allowed if the owner has a similar vacant unit nearby at a similar rent. Courts assess each case. The tenant’s agreement overrides this rule.
Which tenants are protected?
Repossession is prohibited when a tenant or their spouse meets all three conditions: aged 65 or older, living in the unit for 10 years or more and income at or below 125% of the low-rent housing (HLM) threshold.
Exceptions exist: for example, an owner aged 65 or older may repossess to live in the unit. These age and income conditions generally apply to notices sent on or after May 22, 2024. For earlier notices, contact the TAL.
What must the notice say, and when must it be sent?
Written notice must state the intended repossession date, the name of the person who will occupy the unit and their relationship to the owner, and the Civil Code provision on evicting seniors. The Tribunal administratif du logement offers a notice template.
| Lease duration | Minimum notice |
|---|---|
| Longer than 6 months | At least 6 months before the lease ends |
| 6 months or less | At least 1 month before the lease ends |
| Indefinite lease | At least 6 months before the planned repossession date |
Can the tenant refuse?
The tenant has one month after receiving the notice to accept or refuse. No reply counts as a refusal. The parties can negotiate, for example a move-out date in exchange for payment.
After a refusal, the owner can abandon repossession or apply to the TAL for authorization within one month of the refusal.
Compensation and moving costs
No compensation is required, although the owner may offer it. If the TAL authorizes repossession, it may order reasonable moving costs and set or postpone the move-out date.
What is bad-faith repossession?
An unlawful or false reason, an intention to harm the tenant, or excessive or unreasonable conduct can constitute bad faith.
A tenant who proves bad faith can claim damages, for example the difference between their old and new rent, even after accepting repossession. The claim must be made within 3 years of discovering the bad faith. Punitive damages may be ordered.
Before buying a plex to live in one unit
Check who the current tenants are, their lease dates and whether a protected tenant lives in the unit. Talk to a lawyer or notary before buying a plex to occupy a unit.
Frequently asked questions
A natural person can repossess to live in a unit or house a child, parent, more distant relative by blood or marriage whom they mainly support, or an ex-spouse they mainly support. The owner of a company that owns the building cannot; co-owners generally cannot unless they are spouses. Other eligibility conditions and tenant protections apply.
For a lease longer than 6 months, give at least 6 months’ notice before the lease ends. For a lease of 6 months or less, give at least 1 month before it ends. For an indefinite lease, give at least 6 months before the planned repossession date.
Yes. The tenant has one month after receiving notice to accept or refuse; silence counts as refusal. After a refusal, the owner can abandon repossession or seek TAL authorization within one month of the refusal. The parties can also negotiate.
Yes: a tenant or spouse aged 65 or older, living in the unit for at least 10 years and with income at or below 125% of the HLM threshold is protected, subject to exceptions, such as an owner aged 65+ repossessing to live there. These age and income conditions generally apply to notices sent on or after May 22, 2024; contact the TAL for earlier notices.
No compensation is required, although the owner may offer it. If the TAL authorizes repossession, it may order reasonable moving costs and set or postpone the move-out date.
An unlawful or false reason, an intention to harm the tenant, or excessive or unreasonable conduct. A tenant who proves it can claim damages even after accepting, within three years of discovering it; punitive damages may be ordered.
Sources
- Éducaloi — La reprise du logement (French) — Dernière modification : 1er septembre 2026 / Last modified September 1, 2026
- Tribunal administratif du logement — Repossession and notice template (French) — publication date not supplied
General information only. This guide is not legal advice; consult a lawyer or the TAL.