Tribunal administratif du logement
Monday, 23 September, 2019
Before demolishing a dwelling, the municipality in which the dwelling is located must first be contacted.
The lessor must determine whether the municipality has made provisions in that regard through by-laws.
In the absence of municipal by-laws, sections 32 et seq. of the Act respecting the Régie du logement apply.
A lessor who must evict a lessee in order to demolish a dwelling must give the lessee an eviction notice within the time provided for in section 33 of the Act respecting the Régie du logement, that is, for example, six months before the end of the lease, if the lease is for a fixed term of more than six months. After receiving the notice, the lessee has one month to apply to the Régie du logement to have the demolition authorized or not. Otherwise, the lessee is deemed to have agreed to vacate the dwelling on the date indicated in the notice.
When seized of an application, the Tribunal of the Régie du logement considers a number of factors and authorizes the demolition only if it is convinced of the advisability of the demolition in the public interest and the interest of the parties. It the Régie du logement grants the authorization to demolish a dwelling, it may impose such conditions as it thinks fair and reasonable, as long as the conditions are consistent with the municipal by-laws.
Non-compliance with the obligations
If a person does not comply with the obligations or is about to undertake the demolition of a dwelling without right, the Régie may issue an order enjoining that person to comply with its decisions. The Régie may also order that person to cease or not to undertake the operations and to restore the premises to a state of good repair.
The lessor must provide the evicted lessee with compensation equal to three months’ rent and the lessee’s moving expenses. The lessee may apply to the Tribunal of the Régie du logement to fix the amount of the indemnity if the lessee feels that the damage sustained is greater than the amount received.
Time to carry out the work and occupancy of the dwelling
If the authorization to demolish is granted, the lessee may not be compelled to vacate the dwelling before the term of the lease or before the expiry of three months from the date of the decision authorizing the demolition. The demolition must be started and completed within the time fixed by the decision of the Régie du logement. To have that time changed, an application must be made to the Régie du logement before that time has expired. An authorization to demolish is without effect if the work has not started within the time fixed to complete it. If the lessee still occupies the dwelling on that date, the lease is renewed of right.