www.Montreal-Real-Estate.com
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GEORGE PELYHE (CIPS) - Certified International Property Specialist Telephone: 1-514-529-1010 / 514-842-4567
Groupe Sutton Immobilia Inc., 785 Mont-Royal est, Montreal, Quebec H2J 1W8 Fax: 1-514-597-1032
GEORGE PELYHE (CIPS) - Certified International Property Specialist Telephone: 1-514-529-1010 / 514-842-4567 Groupe Sutton Immobilia Inc., 785 Mont-Royal est, Montreal, Quebec H2J 1W8 Fax: 1-514-597-1032
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Montreal Real Estate informationFOR IMMEDIATE RELEASE Repossession of a dwelling: By whom?For whom? How? When?Today's Date -- January 06, 2006 Given the tight residential rental market and, even more so, the economy in general, becoming an owner-occupant can be appealing to a potential buyer. However, the Civil Code of Québec’s guiding principle on this matter is the right by the tenant to maintain occupancy. Since the repossession of a dwelling is an exception to this principle, diligence is required. First of all, who can repossess a dwelling? How to proceed? According to article 1961 of the Civil Code of Québec, the owner must send a written notice to his tenant, advising the tenant that the owner intends to repossess the dwelling as a residence. This notice must indicate the date of repossession, usually at the end of the lease, the name of the person who will occupy the dwelling and the owner’s relationship or tie with this person. The lessor who owns a building can repossess one of his dwellings. In the event the building is sold, the new owner will have to take the necessary steps to repossess and this, not when the offer to purchase has been accepted, but only after the sale of the building has completed. For whom can the owner repossess a dwelling? Article 1957 of the Civil Code of Québec states that: ‘The lessor of a dwelling who is the owner of the dwelling may repossess it as a residence for himself or herself or for ascendants or descendants in the first degree or for any other relative or person connected by marriage or a civil union of whom the lessor is the main support. The lessor may also repossess the dwelling as a residence for a spouse of whom the lessor remains the main support after a separation from bed and board or divorce or the dissolution of a civil union." This means that the owner can repossess a dwelling for himself, his father, his mother, his son or his daughter, for any relative or person connected, such as a person related to the owner’s spouse, like his mother-in-law, his sister-in-law or his son-in-law, for whom the owner is the main support. The spouse who is separated or divorced from the owner and for whom the owner is the main support also has the right to occupy one of the owner’s dwellings. However, the legislator’s clear intention is to exclude de facto spouses.
The owner must send a written notice to his tenant, advising the tenant that the owner intends to repossess the dwelling These elements are mandatory and a notice that does not comply with article 1961 could result in not being able to repossess the dwelling. When? In the case of a lease with a fixed term, the notice of repossession must be given to the tenant at least six months before the expiry of the lease. If the term of the lease is six months or less, the notice is one month. In the case of a lease with an indeterminate term, the notice must be given six months before the date of repossession. So, if the one-year lease ends on June 30th, the owner’s notice must be given at the latest on December 31 of the year prior to the end of the lease. A tenant who receives a notice of repossession has one month to reply. It he fails to do so, the Civil Code of Québec holds that the tenant has refused to vacate the dwelling. In this case, the owner must contact the Régie du logement in the month following the refusal or in the month that follows the expiration of the tenant’s reply period. A potential buyer should be aware that he can occupy a dwelling only if he follows the applicable rules.
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