Repossession of a dwelling: the six-month notice and what silence means

Repossession · Official deadlines

You are buying a plex to live in. Repossession is possible, but it runs on a strict calendar, and missing one date costs a full year.

Repossession of a dwelling: the six-month notice and what silence mean

The three steps

  1. Landlord's notice, at least 6 months before the end of the lease.
  2. Tenant's reply, within 1 month of receiving it. If the tenant does not reply, they are deemed to have refused to leave.
  3. Application to the Tribunal by the landlord, if the tenant refuses or stays silent.

Silence is not consent here. It is the opposite.

What the landlord must prove

Before the Tribunal, the landlord must show they genuinely intend to repossess the dwelling for the purpose stated in the notice, and that it is not a pretext for other ends.

The decision

If repossession is authorized, the Tribunal may impose conditions it considers just and reasonable, including payment of an indemnity equal to moving expenses. At the tenant's request, it may also allow repossession at a later date. If the application is refused, the landlord has one month from the final decision to apply for rent fixing.

The mistake that costs a year

The clock runs from the end of the lease, not from your closing date. Take possession in July with a lease ending June 30 the following year and your notice had to go out before December 31. Miss it and repossession slides a full year. Check this before you submit an offer, not after.

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

Related

Frequently asked

Does a silent tenant mean yes?

No. A tenant who does not reply within one month is deemed to have refused. The landlord must then apply to the Tribunal.

Who carries the burden of proof?

The landlord, who must show genuine intent to repossess for the stated purpose.

Is an indemnity payable?

The Tribunal may impose just and reasonable conditions, including an indemnity equal to moving expenses.

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.

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