Information on repossession and eviction

For a limited time, citizens who wish to learn more about their rights and obligations in cases of repossession and eviction may ask to be contacted by the information service of the Tribunal to obtain answers to their questions. An information clerk will contact the citizen within two business days.

The Tribunal’s telephone information service has also been adjusted to make it easier for citizens to obtain information on these matters.

I would like to be contacted by the information service regarding a question about repossessing a dwelling or evictions to divide a dwelling, enlarge it substantially or change its destination.

New obligation regarding the notice to a new lessee

At the time of entering into a lease, if no rent was paid during the 12 months preceding the beginning of the lease, the lessor must now give a notice to the new lessee indicating the last rent paid and the date of the payment.

Until that amendment is integrated into section G of the mandatory lease forms, the Tribunal administratif du logement will make a model notice to a new lessee available for lessors, specifically to enable them to meet their new obligation.

Mandatory lease forms

A draft Regulation to amend the Regulation respecting mandatory lease forms and the particulars of a notice to a new lessee was published in Gazette No. 29 dated July 21, 2021 (in French).

The draft Regulation ensures that the mandatory lease forms comply with various legislative amendments adopted in the past years. It also makes certain changes to the form and content, including the addition of a clause respecting the right to smoke in the dwelling, and provides for new lease forms for a dwelling in a private seniors' residence.

Any person wishing to send comments is requested to do so within 45 days of the publication of the draft Regulation in the Gazette officielle du Québec.

Analyse d'impact réglementaire (in French)

JusticeBot

The Tribunal administratif du logement, in collaboration with the Cyberjustice Lab, is pleased to announce that JusticeBot is now online. This free and innovative electronic tool uses artificial intelligence to simplify access to legal information regarding the lease of a dwelling.

With JusticeBot, you need only answer a series of factual questions about a dispute to obtain legal information regarding a particular situation, concrete case law examples and information on the resources available to help settle the dispute.

Discover JusticeBot today.: JusticeBot (in French)

UPDATE

*** Please do not come to our offices if you experience symptoms associated with Covid-19 or if you see someone who has these symptoms. We thank you for your collaboration.

MANDATORY WEARING OF THE MEDICAL MASK

The continuous wearing of a medical mask is now mandatory at all times in the offices of the Tribunal administratif du logement. Unless authorization has otherwise been obtained from the Tribunal, a medical mask must also be worn at all times in the courtrooms.

A medical mask will be given to citizens who do not have one at the entrance to the offices.

This is in addition to the preventive measures already put in place by the Tribunal. Hand washing, as well as respecting physical distancing and respiratory hygiene remain essential to limit the spread of the coronavirus disease COVID-19.

Restricted access to the offices of the Tribunal administratif du logement

Our in-person information services are now available by appointment in all of our offices.

Make an appointment.

For assistance in filing an application or for information regarding your rights and obligations under the lease of a dwelling, contact our telephone information service:

Montréal, Laval and Longueuil

514 873-BAIL (2245)

Other regions

1 800 683-BAIL (2245)

Use our online services to file an application, submit documents to the Tribunal or view the status of your case.

Visiting a dwelling

Despite the tightening of measures concerning gatherings in private seniors’ residences and what takes their place, visits to housing for the purposes of sale or rental remain permitted in accordance with Order in Council 1020-2020 adopted on September 30, 2020.

If a dwelling must be visited, the lessor and the potential lessee must ensure they follow the recommended health guidelines.

Hearings

Please note that the Tribunal may impose the use of technological means when holding a hearing if the parties have those means and the technological environment supporting the Tribunal's activities permits it.

Conciliation service

The conciliation service is maintaining its activities remotely to allow you to settle your case quickly. For more information, please contact us by email at conciliation@tal.gouv.qc.ca or see the Conciliation between Lessor and Lessee section of our website.

Joint application – Private seniors’ residences

The Act respecting the Administrative Housing Tribunal now allows two lessees or more from the same private seniors’ residence to address the Tribunal via a joint application when the sole purpose of the application is to

  • obtain a rent reduction based on the lessor’s failure to provide one or more of the same services included in their respective leases; or
  • have declared, in the interest of public order, the nullity of clauses whose effects are substantially the same and which are stipulated in their respective leases.

Upon receiving a joint application, the Tribunal will convene the parties to a management conference in order to inquire about the situation of the other lessees at the private seniors’ residence.

If the Tribunal notes that the rights or interests of other lessees at the residence are liable to be affected by a clause whose effects are the same as those sought by the joint application or by the loss of a service sought by the application, the Tribunal must order that the lessees be impleaded and notified of the application, of the decision ordering that they be impleaded and of an explanatory notice. The lessees may at any time object to being impleaded and no longer be a party to the application.

The Tribunal can also order the operator of the private seniors’ residence to send a copy of the joint application to the health and social services centre that performs duties related to the certification of the residence and, as required, the Tribunal will also send a copy of the final decision to the centre.

Throughout the proceedings, a lessee who is a party to the joint application may be assisted by a community organization to which the government has granted a mandate to assist lessees from private seniors’ residences.

To learn more about filing a joint application, see the Joint application – Private seniors’ residences section.

Notices

Whether you are a lessor or a lessee, the Tribunal administratif du logement proposes some models of notices, which, depending on the situation, must be sent to the other party in order to comply with the obligations provided for by laws and regulations.

Certain forms are also suggested where you need to contact the Tribunal.

Consult this section to find all the models available.

You wish to complete a notice?

See all available notices

Frequent questions

  • My joint tenant left the premises. May I remain in the dwelling by paying only my share of the rent?

    Lease

    The lessor has the right to receive the total amount of the rent. If he receives only a part of it, he can ask for the cancellation of the lease.

    For more information, see the section:

    Joint tenancy

  • I cannot be present at the hearing so what must I do?

    Hearing

    I must obtain a postponement of the hearing to a later date and for that I must obtain the written consent of the other party and file it at the Tribunal.

    If I cannot obtain that consent, I can send a mandatary who will ask for the postponement or I can write to the Tribunal administratif du logement and ask for the postponement of the case. The reasons for the asked postponement must be indicated. It would be well advised to remit a copy of that letter to the other party.

    Except in the case where I have the consent of the other party, the administrative judge must decide if he accepts or rejects the asked postponement.

    For more information, see the section:

    Preparing for a hearing

  • Because of the pandemic, my dwelling is not ready. I have been refused access to my dwelling. What can I do?

    Lease

    Notwithstanding the applicable law, in these circumstances, we urge the parties to try to come to an agreement on the delivery date of the dwelling.

    A lessee who cannot take possession of their dwelling on the agreed date may be able to claim damages and material and moral interests from the lessor (e.g., storage of belongings, additional moving costs, lodging, trouble and inconvenience, repayment of rent paid, etc.). The lessee will also be eligible for a refund of rent paid, under article 1699, C.C.Q. The lease may also be broken if a lessee who cannot access their dwelling in order to occupy it suffers serious harm, under article 1863, C.C.Q.

    According to article 1854, C.C.Q., the lessor is obliged to deliver the dwelling to the lessee in good condition on the agreed date. This is an obligation of result, and the lessor can only be released from it in the event of force majeure. For example, the ice storm in 1998 was deemed to be force majeure. If the pandemic caused by COVID-19 is deemed to be force majeure by the court and depending on the evidence it examines, the lessor may be released from the obligation to deliver the dwelling on the agreed date.

  • What is the rate increase determined by the Tribunal administratif du logement this year?

    Increase

    There is no fixed rate increase applied by the Tribunal administratif du logement. Each case is treated specifically. The Tribunal takes into account, in calculating the rent variation, the income of the building and the municipal and school taxes, the insurance bills, the energy costs, maintenance and service costs. Also, it sees to apply a return on capital expenditures, if there were such expenditures, and indexes the net income of the building.

    In order to calculate precisely the rent variation for a dwelling, see the section:

    Calculation for the fixing of rent

  • If a lessee refuses the rent increase asked by the lessor, can he force the lessee to move?

    Increase

    No. If the lessee refuses the rent increase, the lessor will have to go at the Tribunal administratif du logement to file an Application to modify the lease. It is a different case if the building was built or transformed five years ago or less.

    For more information, see the section:

    Renewal of the lease and fixing of rent

  • What about the new lessee, who will not be able to take possession of the dwelling?

    Lease

    In these circumstances, the lessee can probably ask to break the lease or claim damages (e.g., storage of belongings, additional moving costs, lodging, trouble and inconvenience, etc.) from the lessor who was unable to deliver the dwelling on the expected date*.

    * Art. 1854, C.C.Q.

September 28 2021

2020-2021 annual management report

Part of category Appartment

Tabling of the 2020-2021 annual management report in the National Assembly

See full article 2020-2021 annual management report
July 21 2021

New obligation regarding the notice to a new lessee under article 1896 of the Civil Code of Québec

Part of category Lodging

Montréal, July 21, 2021 – At the time of entering into a lease, if no rent was paid during the 12 months preceding the beginning o

See full article New obligation regarding the notice to a new lessee under article 1896 of the Civil Code of Québec
June 25 2021

The Tribunal administratif du logement is just a phone call away

Part of category Appartment

On July 1, the Tribunal administratif du logement will respond to inquiries from lessees and lessors.

See full article The Tribunal administratif du logement is just a phone call away