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 Administrative Housing Tribunal 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 Administrative Housing Tribunal, 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 Tribunal administrative 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 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 Tribunal 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 Tribunal may issue an order enjoining that person to comply with its decisions. The Tribunal may also order that person to cease or not to undertake the operations and to restore the premises to a state of good repair.

Indemnity

The lessor shall pay to the evicted lessee reasonable moving expenses as well as an indemnity equal to one month's rent for each year of uninterrupted lease of the dwelling by the lessee, which indemnity may not however exceed an amount representing 24 months' rent or be less than an amount representing 3 months' rent. If the lessee considers that the injury suffered warrants a greater indemnity, the lessee may apply to the court to have the amount fixed.

Note: If the notice was sent before February 21, 2024, the lessor is legally obligated to pay an indemnity equal to three months’ rent and reasonable moving expenses to the evicted lessee. The lessee may also apply to the Tribunal if he or she considers that the prejudice sustained justifies a higher indemnity.

Unless the Tribunal decides otherwise, the indemnity is payable at the expiry of the lease; the moving expenses are payable on presentation of vouchers.

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 Tribunal. To have that time changed, an application must be made to the Tribunal 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.