Saying No to Evictions and Repossessions

Has your landlord told you that they plan to repossess your home for themselves or to provide housing to a family member? Or have they sent you an eviction notice to enlarge the dwelling, divide it or change its destination? Don’t worry! The Comité logement du Plateau Mont-Royal can help you, and all our services are free. Watch our video about housing repossession and eviction!  

As a rule, we suggest that you: 

• Attend one of our workshops about landlord repossessions and evictions! Follow the link to see when our next workshops are: https://clpmr.com/en/activities/workshop/
• Check to see if you’re eligible for legal aid. Getting support from a lawyer in a repossession or eviction case can help plead your case. Determine your eligibility by visiting the following website: https://www.aidejuridiquedemontreal.ca/en/legal-aid-eligibility/ 

If you’re eligible, CONTACT US. We’ll refer you to lawyers who are available to provide legal aid and specialize in tenant rights. If you’re unable to get help from a lawyer, know that we can meet with you to help you represent yourself. Before the meeting, you can also read the “Guide pour réussir son audience à la Régie du logement” (How to Have a Successful Hearing at the TAL) by the RCLALQ (available in French): https://rclalq.qc.ca/wp-content/uploads/2019/07/guide_reussir-son-audience-rdl.pdf

 

BASIC INFORMATION ABOUT REPOSSESSION  

Important: For one-year leases, a repossession notice has to be sent at least six months before the end of the lease. If your lease term is less than 12 months, contact us.  

• The TAL also offers a guide about Repossession :  https://www.tal.gouv.qc.ca/en/lessor-s-right-to-terminate-a-lease/repossessing-a-dwelling
• As well as a template for responding to a repossession notice : https://www.tal.gouv.qc.ca/sites/default/files/notices/TAL_811A_E.pdf
• Remember, only landlords who are the sole owners or share ownership can benefit from repossession. Numbered companies can’t repossess your home.  

• Expenses such as moving costs and utility fees must be paid to the tenants and, depending on the situation, tenants can have the right to additional compensation 

BASIC INFORMATION ABOUT EVICTIONS TO ENLARGE A DWELLING, DIVIDE IT OR CHANGE ITS DESTINATION  

• To enlarge a dwelling, divide it or change its destination, the landlord has to send a notice to the tenant at least six months before the end of the lease.  
• If the tenant doesn’t respond within a month of receiving the landlord’s notice, they are considered to have accepted to leave. 
• Unlike the process for refusing a repossession, if a tenant wishes to contest an eviction, they must do so within a month of receiving the notice by filing an application to the TAL. 

• The Law states that in the case of evictions to enlarge a dwelling, divide it or change its destination, tenants have the right to be compensated with three months’ rent plus moving costs, utility fees and mail-forwarding fees.  
• Legal persons, like a company, can evict tenants to enlarge a dwelling, divide it or change its destination.  

Whether you’re dealing with repossession or eviction, EVERY CASE IS UNIQUE—CONTACT US!