Residential lease · Eviction
A June 2024 statute closed a ground of eviction that was widely used. Few plex buyers know it.
What the Code allowed
Article 1959 of the Civil Code: "The lessor of a dwelling may evict the lessee to subdivide the dwelling, enlarge it substantially or change its destination."
What the 2024 Act changed
The Tribunal writes it this way: "The Act to limit lessors' right of eviction and to enhance the protection of senior lessees, assented to on June 6, 2024, prohibits the eviction of a lessee for the purpose of subdividing, enlarging or changing the destination of a dwelling for a period of three years." Exceptions apply and are set out in the statute.
The indemnity, where eviction is permitted
"The lessor is legally obligated to pay an indemnity equal to three months' rent and reasonable moving expenses to the evicted lessee. The lessee may also apply to the Tribunal if he or she considers that the prejudice sustained justifies a higher indemnity."
Notice periods
Article 1960: at least six months before the expiry of a fixed-term lease; one month where the term is six months or less; six months before the date of eviction where the term is indeterminate.
The tenant then has one month to respond. Where the tenant refuses or does not respond, the lessor must apply to the Tribunal "within one month of the refusal or expiry of the lessee's response period", and must show the Tribunal that the intention is genuine, not a pretext, and permitted by law.
Protection of senior tenants
Article 1959.1: a lessor may not evict a lessee who, at the time of eviction, is 65 years of age or over, has occupied the dwelling for at least 10 years, and has income equal to or less than 125% of the maximum qualifying income for low-rental housing. The article then sets out exceptions where the lessor or the beneficiary is also 65 or over.
What it means for a plex buyer
A purchase built on "I will subdivide the large unit" is no longer a plan, it is a bet. Check what the law allows at the time of the project, and above all do not base the price you pay on an operation the law has suspended.
Where this actually lands: at purchase, not after
These rules have one thing in common. They are not discovered while managing a building, they are discovered while buying one. A lease carrying a void clause, a deposit that was never lawful, a dwelling occupied by a succession, a subdivision project the law has suspended: each of those is sold along with the building.
That is why we read the leases, the building's tax position and the history of notices before making an offer on a plex, never after acceptance.
Three habits before buying a rental property
- Ask for every lease and its schedules, not just the rent roll. The clauses hide in the schedules.
- Have the tax modelled before the offer, including the seller's CCA position and what you intend to do with your own.
- Check what the law still permits for your plan. Repossession, eviction and conversion rules have changed and keep changing.
Related
Frequently asked
Can a landlord still evict to subdivide a dwelling?
The Act assented to on June 6, 2024 prohibits that ground of eviction for a period of three years, subject to the exceptions it provides.
What indemnity is owed on eviction?
Three months' rent plus reasonable moving expenses. The tenant may ask the Tribunal for more where the prejudice justifies it.
What if the tenant does not respond to the notice?
The lessor must apply to the Tribunal within one month of the expiry of the response period.
Sources: the official English version of the Civil Code of Quebec (legisquebec.gouv.qc.ca), the Administrative Housing Tribunal (tal.gouv.qc.ca), Canada Revenue Agency guide T4036 Rental Income and Revenu Quebec, consulted 11 September 2026. This page informs; it is neither legal nor tax advice. For a specific situation, consult a notary, a lawyer or an accountant.
Published by the Loaa & Manseur team, number one team at RE/MAX Platine in 2024 and 2025. Tell us about your project.