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.
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 REPOSSESSIONS
Important: A notice of repossession must be sent to you within the time limits provided by law.
- 6 months before the end of your lease if the lease is for longer than 6 months ;
- 1 month before the end of your lease if the lease is for 6 months or less. ;
- 6 months before the planned date of repossession for an indefinite-term lease.
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 sole landlords (with the exception of two landlords who are married) can benefit from the right of repossession. Numbered companies can’t repossess your home.
A repossession must meet specific criteria : it must benefit the owner, or a member of his family (child, parent, or another family member for whom he is the main support). You have 1 month from the moment you receive the notice of repossession to respond. If you do not answer, you are deemed to have refused the repossession. In that case, it is the responsibility of the landlord to contact the Tribunal administratif du logement (TAL) to ask them for authorization to repossess the dwelling. They have one month to do so.
Expenses such as moving costs and utility fees may be granted by the tribunal to the tenants, and depending on the situation, tenants may be entitled to additional compensation.
Please contact us if you are faced with a repossession notice! There are protections in place that you might be eligible for.
BASIC INFORMATION ABOUT EVICTIONS TO ENLARGE A DWELLING, DIVIDE IT OR CHANGE ITS DESTINATION
IMPORTANT : THERE IS CURRENTLY A MORATORIUM ON ALL EVICTIONS SINCE JUNE 2024. This means that evictions to enlarge a dwelling, divide it, or change its destination ARE IMPOSSIBLE for the next 3 years.
If you eviction notice was sent to you before May 22nd 2024, please contact us.
