Finding yourself in a difficult shared living situation in Quebec? Ending a roommate arrangement can be legally complex if your roommate won't leave voluntarily. This article covers the main steps and options Quebec tenants have for evicting a roommate, your rights under Quebec law, and where to get help. Whether you're having noise, safety, or payment issues, understanding the rules can help you resolve shared housing disputes fairly and legally.

Understanding Roommate Arrangements in Quebec

In Quebec, not all roommate situations are treated the same. It's important to determine if your roommate is a co-tenant, subtenant, or simply an occupant. Your legal rights and eviction steps depend on this distinction.

• Co-tenants: Both names are on the lease. All must agree to end the lease or take formal steps to remove someone.
• Subtenant: The main tenant (tenant on lease) rents part of the unit to someone else (subtenant).
• Occupant: Not on the lease, staying as a guest or informal arrangement. Rights are limited.

If you are not the landlord or leaseholder, your ability to evict a roommate may be limited—especially if you both signed the lease. When in doubt, clarify everyone's status in writing and check your lease agreement for details. You can learn more in Obligations of Landlords and Tenants: Rights and Responsibilities Explained.

Legal Basis: Quebec Laws on Eviction

Roommate eviction in Quebec is governed by the Civil Code of Quebec (CQLR c C-67.1) and overseen by the Tribunal administratif du logement (TAL, formerly Régie du logement)^[1]. For co-tenants or subtenants, you typically need a ruling from the TAL before anyone can be removed against their will. Only landlords can formally evict a tenant under the law—but tenants may request the Tribunal's permission to have a roommate removed if their rights or safety are threatened.

Common Reasons Tenants Seek to Remove a Roommate

• Roommate stops paying their share of the rent
• Violent, dangerous, or illegal behaviour
• Severe disturbances (excessive noise, harassment)
• Health and safety violations
• Roommate refuses to leave at end of lease or agreed move-out date

For more on resolving disputes or maintenance issues before they escalate, visit Common Issues Tenants Face and How to Resolve Them.

What Steps Should Tenants Take?

If your roommate refuses to leave voluntarily, here are the recommended actions:

• Try mediation: Talk to your roommate and try to reach a voluntary agreement to end the arrangement.
• Give written notice: If you're the official leaseholder, you may provide a written request for the roommate to leave—especially in cases of subletting or occupation without a lease.
• Collect evidence: Gather proof of any contract violations, unpaid rent, or behaviour causing harm or danger.
• Apply to the TAL: If mediation fails and your roommate is a subtenant or occupant, you can apply to the Tribunal administratif du logement for an order to cancel the sublet or have the person removed.

Key Forms and How to Use Them

• TAL Application Form – Application to Recover Possession or Cancel a Sublease (Official TAL forms are found here)
  • Use this form if you are the tenant (leaseholder) and want to cancel a sublease or reclaim part of your unit from a subtenant. Example: If your subtenant refuses to move out after the notice period, file this application with the TAL.
• TAL – Application For an Order (General)
  • For other situations (such as removing an occupant/dangerous behaviour), you can submit an application stating the facts and the specific order you seek from the Tribunal.

Forms are typically submitted online, in person, or by mail to the nearest TAL office. Always keep copies and receipts.

After Filing – Tribunal Process

The Tribunal will notify all parties of a hearing date. Both sides can present evidence, witnesses, and arguments. The TAL may order the roommate to leave, end the sublease, or, in urgent cases, grant immediate removal for safety reasons.

Summary: Your Rights and Responsibilities as a Tenant

• Tenants cannot forcibly remove co-tenants or subtenants—only the landlord or the Tribunal can do so legally.
• Document all attempts to resolve the dispute amicably before seeking legal remedies.
• Understand your obligations for giving proper notice, especially if you wish to end your own lease. For more, see How to Properly End Your Rental Agreement as a Tenant.
• Always consult provincial law and contact the TAL for guidance on your situation. Review your responsibilities in Tenant Rights and Landlord Rights in Quebec.

Still searching for a better living arrangement? Browse apartments for rent in Canada with interactive map search features.

Frequently Asked Questions about Roommate Eviction in Quebec

1. Can I evict my roommate if we both signed the lease?
   No, if you are both co-tenants, only the landlord (with the Tribunal’s approval) or a mutual agreement can end your roommate’s right to stay. Tenants cannot forcibly evict other co-tenants.
2. How do I remove a subtenant or occupant who has overstayed?
   You must apply to the Tribunal administratif du logement for an order to terminate the sublease or evict the occupant. Document your reasons and follow legal notice rules.
3. Does a non-paying roommate still have rights?
   Yes. Even if they are not paying, you cannot remove them without a Tribunal order if they are a legal subtenant or co-tenant. You can use evidence of non-payment in your application.
4. What if my roommate is violent or dangerous?
   Contact the authorities in an emergency and submit an urgent application to the TAL, providing all evidence of the threat for quicker action.
5. How long does the roommate removal process take?
   It depends on the case. Emergencies are prioritized, but standard applications may take several weeks. Always check with the TAL for current timelines.

Need Help? Resources for Tenants

• Tribunal administratif du logement (TAL) – Forms, guides, and application submission
• Éducaloi – Legal information for tenants and renters in Quebec
• Regroupement des comités logement et associations de locataires du Québec (RCLALQ) – Tenant advocacy and support
• For comprehensive legal rights in Quebec, see Tenant Rights and Landlord Rights in Quebec

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1. [1] Tribunal administratif du logement (TAL): Official site and forms
2. Civil Code of Quebec, governing residential leases and evictions

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