Eviction for renovations or change of use

Published on December 09, 2025

Eviction is one of the most highly regulated procedures in Quebec rental law. It can have significant consequences for both tenants and landlords. Therefore, before any eviction, it is essential to understand the obligations imposed by the Civil Code and the protections offered to tenants. Our firm can assist you with any eviction process, whether you are a tenant or a landlord, to avoid costly mistakes and protect your rights.

Ouvrier tenant une perceuse lors de travaux majeurs pouvant mener à une éviction.

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A landlord may, in certain specific situations, terminate a lease to carry out major work or change the use of a dwelling. This process then constitutes an eviction, as it forces the tenant to vacate the dwelling. However, eviction is strictly regulated by the Civil Code of Quebec to protect the tenant’s rights.

When is eviction permitted?

Section 1959 C.C.Q. authorizes a landlord to evict a tenant in order to :

  • Subdivide the dwelling;
  • Significantly enlarge it;
  • Change its use (e.g., converting a dwelling into a commercial space).
The landlord must then send the tenant a written notice of eviction. This notice must specify the reason, the intended date, and reproduce the text of section 1959.1 C.C.Q. This section provides several protections for elderly tenants.

Notably, the landlord cannot evict a tenant aged 65 or older who meets certain conditions. This protection applies when the tenant has occupied the dwelling for at least 10 years and has a low income within the meaning of the Civil Code.

Furthermore, eviction must always be exercised in good faith. The landlord must therefore demonstrate a real and serious project.

Deadlines to respect

Step 1: Notice from the landlord

  • Lease of more than 6 months: notice 6 months before the end of the lease
  • Lease of 6 months or less: notice 1 month before the end of the lease
  • Indeterminate-term lease: notice 6 months before the intended eviction date
Step 2: Tenant’s response
  • 1-month deadline to respond to the notice, regardless of the lease duration, indicating their intention to leave the dwelling or their refusal
  • If there is no response, the tenant is deemed to have refused to leave
Step 3: Application to the TAL
  • Application may be filed within the month following the refusal or expiry of the response deadline


Indemnity owed to the tenant

If the eviction is authorized, the landlord must pay the tenant :

  • An indemnity equivalent to one month’s rent per full year of occupancy, between 3 and 24 months of rent;
  • As well as reasonable moving expenses.
Additionally, the Tribunal may increase this indemnity if the tenant suffers greater prejudice.

Eviction can therefore be very costly for the landlord if it is poorly planned or carried out without respecting legal requirements.

In summary

Evicting a tenant is a strictly regulated procedure. Any error regarding deadlines, notice, or justification may invalidate the process.

Thus, before sending an eviction notice or filing an application with the Administrative Housing Tribunal, it is recommended to consult a lawyer. A poorly executed eviction can result in sanctions and financial losses.

To discuss your situation, contact our team or visit our page on real estate law.

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