December often marks a critical time for landlords aiming to reclaim their rental property, as notices for reclaiming a property must be sent no later than six months before the end of an indefinite-term lease. Navigating the strict deadlines and requirements set forth by the Quebec Civil Code can be challenging.

 

Here, we provide a clear and practical summary of the essential steps to follow for a smooth and compliant property reclamation process.

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STEP 1: Establish a Legitimate Reason Under Article 1957 C.C.Q.

Article 1957 of the Quebec Civil Code outlines specific legitimate reasons for property reclamation. As a landlord, you can reclaim a rental property only if it meets one of these criteria:

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• For your own residence;

• To house your ascendants or descendants in the first degree (e.g., your parents or children);

• To house another close relative or a person connected by marriage who is financially or morally dependent on you (e.g., a son-in-law, mother-in-law, or brother-in-law).

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The law balances tenant protection with a landlord's right to address genuine family needs. Ensure your request strictly adheres to these criteria.

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STEP 2: Serve a Valid Notice as Required by Articles 1961 and 1963 C.C.Q.

The validity of your reclamation hinges on adhering to the legal requirements for notice under Articles 1961 and 1963 C.C.Q.:

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• Content Requirements (Art. 1961 C.C.Q.):

  • The date the property is to be reclaimed (typically the lease end date);

  • The name and relationship of the person who will occupy the property;

  • A statement of the tenant's right to accept or refuse the reclamation.

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• Notice Deadlines (Art. 1961 C.C.Q.):

  • 6 months before the end of a lease lasting more than 6 months;

  • 1 month before the end of a lease lasting 6 months or less;

  • 6 months before the intended date for an indefinite-term lease.

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• Procedure in Case of Refusal (Art. 1963 C.C.Q.):

  • If the tenant refuses or does not respond, you have one month to file a request with the Administrative Housing Tribunal. The tribunal will assess your request based on good faith and legitimate needs.

 

Failure to comply with these requirements can invalidate your claim. Ensure the notice is accurate, timely, and complete to avoid complications.

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STEP 3: Demonstrate the Feasibility and Sincerity of Your Project

​Courts evaluate several key factors, as established in the Leroux c. David (2019 QCRDL 6606) case, when assessing property reclamation requests:

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1. Genuine Intent and Absence of Pretense: Prove your project is sincere and not a means to evict the tenant for other reasons.

2. Landlord’s Good Faith: Demonstrate respect for the tenant's rights and a genuine intention to carry out the project.

3. Real and Serious Need: For instance, housing a child with no viable alternative.

4. Permanence of the Project: Ensure the project is not temporary or hypothetical.

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Supporting documents, such as birth certificates to prove family relationships or evidence of project preparations (e.g., furniture purchases), strengthen your case.

 

STEP 4: Address Potential Tenant Objections

​Tenants may object to the property reclamation, requiring you to present your case to the Administrative Housing Tribunal. Common objections include:

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• Lack of genuine or serious need;

• Pretextual motives for reclaiming the property (e.g., to increase rent);

• Unfair reclamation conditions (e.g., insufficient notice or lack of relocation support).

 

STEP 5: Offer Reasonable Compensation

​While the law does not always mandate compensation, offering reasonable support can streamline the process and avoid conflicts. Compensation may cover:

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• Moving expenses;

• Utility reconnection fees.

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The tribunal may also impose compensation based on the tenant’s incurred costs. Proactively addressing these matters demonstrates your good faith and commitment to fairness.

 

Why Work with Us?

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Reclaiming a rental property involves navigating a complex web of legal requirements. A misstep—no matter how small—can derail your project. At our law firm, we specialize in housing law and are here to guide you every step of the way.

 

Whether you need help drafting a compliant notice, building a solid case, or representing you at the Administrative Housing Tribunal, we are committed to defending your rights with diligence and professionalism.

 

Contact us today for tailored advice and expert support in reclaiming your property.

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