Repossession of a Dwelling
Régie du logement
Landlords of dwellings.
A landlord who intends to retake possession of a dwelling must send the tenant, within the prescribed time, a written notice containing the required information. The Régie du logement strongly recommends using the Notice of Repossession form it has drawn up for this purpose, as it meets the statutory requirements. Recourse available to landlords If the tenant does not reply to the landlord’s notice of repossession, or refuses to vacate the dwelling, the landlord must file an application with the Régie du logement within the prescribed time if he or she wants to repossess the dwelling. If the landlord does not do so, the tenant is entitled to remain in the dwelling. Hearing and proofDuring the hearing held further to the application, the burden is on the landlord to prove that he or she truly intends to repossess the dwelling for the reason given in the notice and not as a pretext for other purposes. The person who will be taking over the dwelling may be required to testify at the hearing. Decision of the Régie du logementIf the Régie du logement authorizes repossession of the dwelling, it may impose such conditions as it deems fair and reasonable, including payment of an indemnity equivalent to the tenant’s moving expenses. The Régie can also, at the tenant’s request, allow for the dwelling to be repossessed at a later date. Proof of delivery The Régie recommends that notices between lessors and lessees be provided in one of the following ways:
In the event of a hearing, proof that a notice has been sent and received may be required.
The tenant must be notified
Tenant’s reply The tenant has one month after receiving the notice of repossession to notify the landlord as to whether or not he or she agrees to vacate the dwelling. If the tenant does not reply, he or she is deemed to have refused to comply with the notice. Recourse available to the landlord If the tenant does not reply to the notice or refuses to vacate the dwelling, the landlord must apply to the Régie du logement for authorization to repossess the dwelling. The application for authorization must be filed with the Régie
Required information The notice of repossession must include the following information:
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