Eviction · Indemnity
Subdividing a dwelling, enlarging it substantially or changing its use allows eviction in Quebec. The indemnity is not the figure most landlords still quote.
The current calculation
The Tribunal administratif du logement states the obligation this way: the landlord must pay the evicted tenant reasonable moving expenses plus an indemnity equal to one month of rent for each year of uninterrupted occupancy, which may not exceed 24 months of rent nor be less than 3 months.
What that means in dollars
On a unit at $1,200 a month, a tenant of 3 years gives $3,600. The same unit with a 12-year tenant gives $14,400. With a 30-year tenant the 24-month ceiling applies: $28,800. Moving expenses are on top in every case.
Length of occupancy therefore becomes a core financial figure when you value a building you intend to convert.
The tenant can ask for more
If the tenant considers the prejudice suffered justifies a higher indemnity, they may apply to the Tribunal to have the amount fixed. The formula is a legal floor, not a negotiated ceiling.
The procedure
The landlord must give written notice. The tenant has one month to reply, and again, a tenant who does not reply is deemed to have refused. The landlord must then apply to the Tribunal for authorization to evict; failing that, the tenant may stay.
Where this actually bites
These rules are not administrative theory. They set a building's price and a buyer's calendar. A plex where repossession is still possible within the deadline is not worth the same as one where the window has closed. A building held by very long-term tenants carries a far heavier potential eviction indemnity than one with quick turnover. A renovation planned without evacuation notices loses months before the first swing of a hammer.
That is why reading the leases comes first in our work on a rental building, before the showing and before going to market. The Tribunal's figures are public and verifiable; what varies from one file to the next is the real situation of each unit. An honest valuation starts there.
Three checks before signing anything
- The end date of every lease, which drives all the notice periods and has nothing to do with your closing date.
- How long each tenant has been in place, which directly changes any eviction indemnity.
- Whether advertised rents match the actual leases, the most common price adjustment in a rental building transaction.
Related
Frequently asked
Is eviction the same as repossession?
No. Repossession houses the landlord or a close relative. Eviction covers subdividing, substantially enlarging or changing the use of the dwelling. Different indemnities, different procedures.
How is the indemnity calculated?
One month of rent per year of uninterrupted occupancy, minimum 3 months, maximum 24 months, plus reasonable moving expenses.
Can the tenant obtain more?
Yes, by applying to the Tribunal if they consider the prejudice justifies a higher amount.
Rules cited from the Tribunal administratif du logement (tal.gouv.qc.ca), consulted 10 September 2026. This page informs; it is not legal advice. For your situation, contact the Tribunal.
Published by the Loaa & Manseur team, number one team at RE/MAX Platine in 2024 and 2025. Buying and selling rental buildings across Greater Montreal. Tell us about your project.