Appealing an Eviction Order in Quebec: Tenant Guide
Receiving an eviction order in Quebec can be overwhelming, but tenants have clear rights and processes to challenge such decisions. If you believe the Tribunal administratif du logement (TAL) made a legal or factual error in your eviction case, you may be able to appeal or request a review of the decision. This guide explains, in plain language, how tenants in Quebec can appeal an eviction order, the steps involved, and important tips for protecting your housing rights.
Understanding Eviction Orders and Tenant Rights in Quebec
In Quebec, when a landlord seeks to evict a tenant, the process goes through the Tribunal administratif du logement (TAL), also known as the Rental Board. The TAL issues eviction orders based on the Quebec Civil Code, Book Five – Leases[1]. Not every disagreement can be appealed, but understanding your options is essential.
When Can a Tenant Appeal?
Generally, if you feel the TAL's decision was made in error—such as not considering vital evidence or misinterpreting the law—you may.
- Apply for a Review (Reconsideration): In most eviction situations, tenants must first ask the TAL to review its own decision, a process called "Demande de révision." This is often the only possible route, as the right to file a formal appeal to a higher court is limited and generally reserved for legal errors.
- File for a Judicial Review: For serious procedural or legal mistakes, tenants can apply to the Quebec Superior Court for judicial review. However, this step is legalistic and usually requires help from a lawyer.
Important Timelines
- Review Application: You must file a request for review within 10 days of being notified of the eviction order.
- Judicial Review: If eligible, this usually must be filed within 30 days; consult legal help promptly.
Missing deadlines can end your chances of challenging an eviction order, so act swiftly.
Step-by-Step: How to Request a Review of an Eviction Order
Most tenants in Quebec challenging an eviction order start by requesting a review ("révision") of the TAL’s decision. This gives the TAL a chance to reconsider if there was a clerical error, new facts, or another justifiable reason.
- Form Needed: Form A-6 – Demande de révision d'une décision (Review Request Form)
When to Use: If you believe the eviction order includes an error, or if you discovered new facts that may change the outcome.
Example: A tenant evicted due to non-payment who later proves they paid rent on time could use this form to request a review.
How to Complete and Submit the Form
- Fill out all sections of Form A-6, explaining the grounds for your request (e.g., new evidence, error in the order).
- Attach supporting documents (e.g., receipts, correspondence).
- Submit the form in person, by mail, or through the TAL’s online platform. Check current instructions on the TAL forms portal.
After Requesting a Review
The TAL will consider your submission and may ask both parties for additional information or schedule a new hearing. The eviction order stays in effect unless the TAL specifically suspends it.
What If My Review Is Denied or The Deadline Has Passed?
If the TAL upholds its decision, or if you miss the deadline for review, you may still apply for a judicial review to the Quebec Superior Court. This process is complex and usually requires a lawyer.
- Tip: Contact local tenant advocacy organizations if you’re unsure. They often provide free or low-cost guidance.
Key Tenant Rights and Responsibilities
- You have the right to a fair hearing and access to your case file.
- You must follow deadlines carefully and keep copies of all forms and correspondence.
- Staying in touch with the TAL and your landlord can avoid misunderstandings as your case proceeds.
For a full overview of tenant and landlord legal obligations, see Obligations of Landlords and Tenants: Rights and Responsibilities Explained.
Other Resources For Quebec Tenants
- For common housing issues, visit Common Issues Tenants Face and How to Resolve Them.
- Get reliable rental listings using Find rental homes across Canada on Houseme.
- For a province-wide overview, see Tenant Rights and Landlord Rights in Quebec.
Frequently Asked Questions: Quebec Tenant Appeals
- How long do I have to appeal an eviction order from the TAL?
You generally have 10 days from receiving the decision to apply for a review (Demande de révision). For court reviews, deadlines may vary, so act fast. - Do I need a lawyer to appeal an eviction order in Quebec?
For the TAL review, you do not need a lawyer. For Superior Court judicial review, legal counsel is strongly recommended. - Will the eviction be stopped while my appeal is in process?
No, unless you specifically apply for and receive a stay ("suspension") of the order from the TAL or a court. - Can I appeal for any reason?
You must show new facts, a legal or clerical error, or other justifiable grounds for the appeal or review to be considered. - Where do I get the official forms to appeal?
All official forms, including the Review Request Form (A-6), are available from the TAL’s website.
Need Help? Resources for Tenants
- Tribunal administratif du logement (TAL) — For all forms, rules, decisions, and guidance on appeals.
- Local organizations like RCLALQ provide support and legal info for tenants.
- The Ministère de la Justice du Québec — For legal aid and information on judicial reviews.
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Bob Jones
Editor & Researcher, Tenant Rights Canada
Bob writes and reviews tenant law content for various regions. They’re passionate about housing justice and simplifying legal protections for renters everywhere.
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