In the province of Quebec, no landlord has the right to terminate the lease under normal circumstances, and the tenant has the right to reside in the leased property at any time. Provided that he pays the rent on time and in full and respects the items listed in the lease. It should be noted that if the owner of the property sells himself, the lease will still remain in force and the new owner, although he has not signed the lease agreement, will be obliged to respect and implement all the items listed in the lease. The following are the cases in which the landlord can cancel the lease:
Non-payment of rent: If the tenant does not pay the rent in full within 21 days after the deadline to pay the rent, the landlord can file a case in the housing court and request an eviction order within 2 to 3 months. And then can declare damages for all unpaid rents and ancillary costs and damages to the property, as well as interest on all of these amounts.
In case of non-implementation of the items stated in the lease by the tenant
If the tenants’ rights are not respected, for example if the tenant repeatedly makes loud and untimely noise that disturbs the other tenants, the landlord can enter into a contract under special circumstances and through the housing court. Cancel the lease and receive a eviction order from the tenant.
For his personal use or that of his first-degree family members, he can take back the rented property under the conditions mentioned below. It should be noted that first-degree family members in Quebec province include parents, spouse parents and children. It should be noted that siblings are not considered as a first-class family group. If the landlord intends to repossess the leased property for his or her own personal use or that of his or her first-degree family members, he or she must submit a letter formulated by the housing court at least six months before the expiration date of the lease. Deliver this letter to the tenant by registered mail or by a third party (guarantor) or in person. If he delivers this letter in person, he is required to obtain a receipt from the tenant that includes the tenant’s signature and the date of delivery. If such a letter arrives, the tenant has one month to respond to it.
He can accept the eviction request from the landlord and vacate his residence at the end of the lease. The landlord is obliged to pay a fee to the tenant as a relocation fee, and it should be noted that the tenant must agree with the landlord before vacating the property, otherwise the landlord may not pay any costs. Do not pay.
Reject the eviction request by the owner.
Do not respond to the letter.
In the previous two cases, the landlord can file a case in the housing court 30 days after the tenant receives the restitution letter, and usually 6 to 8 weeks after the filing, the date of the trial is determined and the judge Will decide in this regard. It should be noted that if the tenant is over 70 years old and has lived in the property for more than 10 years, under no circumstances can the landlord request the return of his property, unless the landlord is over 70 years old. And there is no other owner.