In Quebec, selling a rented property does not end the lease: the new owner inherits the lease with all its conditions, and the tenant keeps the right to remain in the dwelling. Repossession to live in the unit belongs to the buyer, and only once the deed of sale is signed: six months' notice before the end of the lease (one month for a lease of six months or less), the tenant has one month to answer, and silence counts as refusal, which forces an application to the Tribunal administratif du logement. Not to be confused with eviction (subdivision, enlargement, change of use): Law 65 forbids those until June 6, 2027. Tenants aged 65 and over enjoy an additional layer of protection. Selling a tenanted property remains entirely possible: it simply has to be planned.
The lease survives the sale, in full
Basic Civil Code rule: a sale does not terminate the lease. The buyer becomes the new landlord and inherits the lease as is: same rent, same conditions, same term. Promising a buyer a unit “vacant at signing” while a lease is running is the first trap: that promise is not yours to make.
Practical consequence for the seller: your typical buyer changes with occupancy. A unit rented below market attracts investors who value the income; it cools an owner-occupant in a hurry. Your marketing strategy must pick its target from day one.
Repossession: the BUYER's right, not the seller's
Only an owner can repossess a dwelling to live in it or house an eligible relative (parents, children, or any relative they are the main support of). In a sale, it is therefore the buyer, once the notarized deed is signed, who sends the repossession notice: the seller cannot do it “for them” before the sale.
The notice periods: 6 months before the end of the lease for a lease over six months, 1 month for a lease of six months or less, 6 months before the intended date for an open-ended lease. The tenant has 1 month to answer, and silence counts as refusal: the buyer must then apply to the TAL within the following month. A detail that blocks deals: a building bought in undivided co-ownership between non-spouses generally does not allow repossession.
Evictions: forbidden until June 6, 2027
Not to be confused with repossession: an eviction covers subdividing the unit, substantially enlarging it or changing its use. Law 65 (2024) imposes a moratorium: these evictions are forbidden until June 6, 2027 (unless the vacancy rate climbs back to 3% sooner). A purchase plan that relies on “we will convert it” or “we will enlarge” with a tenant in place is therefore frozen until then.
When evictions resume, Law 31 frames the compensation: 1 month of rent per year of continuous tenancy, minimum 3 months, maximum 24, plus reasonable moving costs. That scale applies to evictions; for a repossession, the TAL sets whatever conditions it deems fair, case by case.
The reinforced protection of tenants 65 and over
Since Law 65, a tenant who is 65 or older, has occupied the unit for at least 10 years and has an income that qualifies for low-rent housing can face neither repossession nor eviction, with narrow exceptions (notably when the repossessing owner is themselves an eligible senior in the same situation). Before the reform the threshold was 70. If your building houses a tenant in that situation, the value rides on rental income, not future vacancy: better to know before pricing.
Selling a tenanted property, in practice
Three realistic scenarios: sell tenanted to an investor (the lease and a clean rental file become assets; see our plex guide (FR)); sell to an owner-occupant whose timeline respects the repossession mechanics (offer aligned with the lease's end, notice sent by the buyer after signing); or a negotiated agreement with the tenant (termination by mutual consent, in writing, with freely agreed compensation), often the fastest and most humane route.
What we never do: promise a vacant unit we do not control, or push a tenant out around the rules, TAL recourses cost far more than patience. A broker from our team aligns the sale calendar with the lease from the free evaluation onward.
A lease does not prevent a great sale. It requires a plan.
Calendar aligned with the lease, the right buyer target, zero illegal promises: a broker from our team structures the sale with you, in English or in French.
Frequently asked questions
Can you sell a house or plex in Quebec with a tenant in it?
Yes, without any authorization: the sale itself is free. What is regulated is the tenant's situation: the lease survives the sale in full and binds the new owner. A buyer who wants to live in the unit must follow the repossession procedure with its notice periods, once the deed of sale is signed.
Can the buyer repossess the unit to live in it?
Yes, once they are the full owner and follow the procedure: a repossession notice 6 months before the end of the lease (1 month for a lease of six months or less), to live there or house an eligible relative. The tenant has one month to answer and silence counts as refusal: the buyer must then obtain authorization from the Tribunal administratif du logement. A purchase in undivided co-ownership between non-spouses generally rules out repossession.
Can you evict a tenant to renovate or enlarge in 2026?
No: Law 65 imposes a moratorium on evictions for subdivision, substantial enlargement or change of use until June 6, 2027. Repossession to live in the unit or house an eligible relative remains legal, with its own rules. And tenants 65 and over (10 years of occupancy, income qualifying for low-rent housing) are almost fully protected against both.
Published on August 16, 2026 by the Loaa & Manseur team, #1 team at RE/MAX Platine in 2024 and 2025 · Tell us about your project