Rights and Obligations of Landlords and Tenants

In 2024, important changes were put in place by the Act to limit lessees’ right of eviction and to enhance the protection of senior lessees (Bill 65), and the Act to amend various legislative provisions with respect to housing (Bill 31), making the rental market fairer for everyone.

Moratorium on Evictions Until 2027

The Act to limit lessees’ right of eviction and to enhance the protection of senior lessees (Bill 65) limits the right to evict a tenant.

Since June 6, 2024, a three-year moratorium has protected tenants against certain evictions: no tenant can be evicted due to a change in use, subdivision or enlargement of a dwelling.

Enhanced Protection for Seniors

The Act to limit lessees’ right of eviction and to enhance the protection of senior lessees (Bill 65) provides eligibility criteria to protect tenants aged 65 or over against repossessions and evictions. This measure gives approximately 60,000 senior households better protection.

An owner cannot repossess a dwelling or evict a tenant if:

The tenant or their partner:

• Are 65 or over
• Have occupied the dwelling for at least 10 years, and
• Have an income equal to or less than 125% of the maximum income that allows them to be eligible for low-rental housing according to the By-law respecting the allocation of dwellings in low rental housing.

There are exceptions:

An owner may repossess a dwelling in one of the following situations:

• The owner is 65 years of age or older and wants to live in the dwelling concerned
• The person who the owner wants to place in the dwelling concerned is 65 years of age or older
• The owner is 65 years of age or older and wants to place, in the same building as the owner, a person under 65 years of age

To find out more about the transitional measures and exceptions that apply, consult the section Repossessing a Dwelling on the Tribunal administratif du logement website.

Right to Return to a Dwelling After Major Work

After major work, a tenant has the right to return to live in their dwelling and pay the same rent as before. The owner must wait for the renewal of the lease to send a notice of rent increase, respecting the deadlines and other formalities provided for by law.

Assignment of a Lease

When the tenant requests to assign their lease, the owner has three options:

• Accept the assignment of the lease
• Refuse the assignment of the lease for a serious reason
• Refuse the assignment of the lease for a reason other than a serious reason. In this case, the tenant is automatically released from their contractual obligations

However, the tenant cannot assign a lease or sublet a dwelling to make a profit.

Available Resources

Tribunal administratif du logement