How Tenants Can Fight an Eviction in Quebec

Receiving an eviction notice in Quebec can be stressful. Thankfully, tenants in Quebec have strong legal protections and a clear process to defend their rights. This guide explains what to do if you receive an eviction notice, which forms you'll need, and the steps for present your case to the provincial housing authority. The laws and advice here are current for Quebec and help ensure you don't lose your home unfairly.

Who Handles Evictions in Quebec?

If your landlord wants to evict you, the process is governed by the Quebec Civil Code and monitored by the Tribunal administratif du logement (TAL). This specialized tribunal resolves disputes between landlords and tenants and is where formal applications for eviction are heard and decided.^[1]

Can My Landlord Evict Me? Common Legal Grounds for Eviction

Landlords can only evict tenants for certain reasons under Quebec law. Common legal grounds include:

• Non-payment of rent or persistent late payments
• Serious damage to the rental unit or building
• Using the property for illegal activities
• The landlord wants to repossess the property for themselves or family
• Demolition, subdivision, or enlargement of the dwelling (with notice and compensation requirements)

A landlord cannot evict you simply for requesting repairs, making complaints, or exercising your rights.

Notice Requirements and Official Forms

If a landlord intends to repossess or evict for reasons like renovations or personal use, they must give you written notice:

• Repossession or Substantial Change: Notice must typically be served six months before the lease ends for a year-long lease.
• Regular Non-Payment/Eviction: A demand for payment or rectification is required before a formal application to the TAL.

Step-by-Step: How to Contest (Fight) an Eviction in Quebec

Here's a summary of what you should do if you want to challenge your eviction:

• Review the notice and eviction reason carefully. Make sure it includes all required information (e.g., reason, timeframe, signature).
• Respond in writing to your landlord—ideally, within 30 days for repossession or substantial renovation notices. Clearly state you don’t agree with the eviction, and keep a copy for your records.
• Apply to the TAL for a hearing if necessary. For example, if you are evicted for non-payment but have paid your rent or reach an agreement, inform the TAL.

Key Form: Application to the Tribunal administratif du logement (TAL)

• Form Name: Application to the Tribunal administratif du logement ("Demande au Tribunal administratif du logement")
• When to Use: Use this form if you need the Tribunal to contest your eviction, request a hearing, or file a defense against a landlord's claim.
• Where to Find: Download official forms from the TAL
• Example: If you receive an eviction for non-payment, but you’ve caught up on your rent, you can ask the TAL to examine your case and allow you to stay.

Preparing for the TAL Hearing

During your hearing, you'll be able to:

• Explain your side and provide documents (rent receipts, repair requests, email exchanges)
• Present witnesses, if relevant
• Ask questions of your landlord and any witnesses

The Tribunal makes a decision based on the evidence and may dismiss the eviction, allow you extra time, or, in some cases, approve the landlord's application.

Your Rights and Defenses

Quebec tenants have the right to challenge evictions they believe are unfair, not in good faith, or intended as reprisals. For instance, your landlord cannot evict you for requesting repairs or reporting a housing problem.

Familiarize yourself with both tenant and landlord obligations in Quebec; see Obligations of Landlords and Tenants: Rights and Responsibilities Explained for more on your legal protections.

Explore the details about Tenant Rights and Landlord Rights in Quebec for further guidance.

After the Eviction Process

If the Tribunal rules in the landlord’s favour, you may have some time (usually prescribed in the decision) to move out. If you disagree with the decision, you can request a review in certain circumstances.

FAQ: Fighting Eviction in Quebec

1. Can my landlord evict me if I complain about repairs?
   Your landlord cannot evict you in retaliation for making repair requests or filing complaints about your rental condition. This is prohibited under Quebec law.
2. What should I do if I receive a notice of repossession?
   Respond in writing within 30 days if you wish to contest. Clearly state you do not agree, keep a copy, and file an application with the TAL if needed.
3. Do I need a lawyer to fight an eviction in Quebec?
   No. You can represent yourself at TAL hearings, but legal aid and tenant support services are available if you need help.
4. What if I pay my rent after receiving a non-payment notice?
   If you pay all outstanding rent before the hearing, inform the TAL. The eviction application may be dismissed, but always confirm with the Tribunal.
5. How much notice must my landlord give for eviction for major renovations?
   Typically, at least six months before lease end for a one-year lease, and the notice must specify the intended work or changes.

Key Takeaways for Tenants

• Tenants can fight eviction in Quebec and have a right to present their case at the TAL.
• Use the correct forms and meet all deadlines.
• Respond in writing, keep evidence, and don't be afraid to seek help.

Need Help? Resources for Tenants

• Tribunal administratif du logement (TAL): Official forms, hearing info, and tenant support
• Info-logis Montreal: 514-527-6448 — free information and tenant referral service
• Éducaloi: Free legal information (nonprofit), Tenant information

---

1. Tribunal administratif du logement: Official website
2. Quebec Civil Code, Division II, Lease of Dwellings: Current text
3. Info-logis Montreal: Notice and repossession rules
4. TAL Application Forms: Download official forms

Categories

Tenant Rights & Responsibilities Rent & Deposits Leases & Agreements Moving In / Out Maintenance & Repairs Evictions Roommates & Shared Housing Discrimination & Accessibility Utilities & Services Affordable Housing & Subsidies Dispute Resolution & LTB Safety & Security Privacy & Entry by Landlord Special Tenancy Situations Tenant Insurance & Liability Post-Eviction Resources Landlord Compliance & Penalties Legal Precedents & Case Summaries Mental Health & Tenancy