Understanding Housing Repossession in Quebec: Rights, Recourses, and Eviction Laws Explained

2024-01-03 09:01:39

In Quebec, many tenants have received housing repossession notices in recent weeks. Owners who wish to regain possession of a home whose lease ends on July 1 had until December 31, 2023 to inform their occupants.

In recent years, the number of evictions and housing repossessions has increased significantly, according to housing committees. According to the annual report of the Regroupement des logement committees and tenant associations of Quebec, cases of tenant evictions increased by 132% in Quebec in 2023 compared to 2022 data.

The blow is hard for many tenants, like François Viau, who lived in his home for 10 years. The man received a housing repossession notice on December 28. Its owner, who owns the quadruplex, will move his family there.

It’s a shock. It’s very sad.

The current real estate situation means that François Viau could be in a race against time. A new, smaller home would cost double or triple what the tenant is currently paying. The latter intends to contest his housing repossession notice.

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François Viau received a housing repossession notice on December 28.

FRAPRU concerned

The spokesperson for the Popular Action Front in Urban Redevelopment (FRAPRU), Véronique Laflamme, is sounding the alarm.

According to her, housing repossessions and bad faith evictions are increasing and increasing, in current conditions, situations of residential insecurity, even homelessness.

Sincerity? Bad faith?

A eviction is permitted when it is carried out in order to subdivide the accommodation, in order to demolish the accommodation, in order to significantly enlarge the accommodation or in order to change the use of the accommodation (by changing it to a commercial office, for example). A takeover of accommodation by the owner to live there or accommodate a loved one is also permitted.

A eviction is in bad faith when it is done for a reason other than those permitted by law, when it is done under false motives, when it is done to harm the tenant or when the owner acts excessively or unreasonably. In this case, the tenant can ask the Administrative Housing Tribunal for compensation. Evictions for the sole reason of renovating a home (called renovictions) are evictions in bad faith. At the same time, there is bad faith if the owner takes back his accommodation to accommodate a member of his family, but ultimately rents it for more money to another tenant.

Source : Éducaloi

Véronique Laflamme is also concerned that certain regions of Quebec which have until then been rather spared from the housing crisis are now facing similar pressures. She is thinking in particular of Mauricie, Saguenay–Lac-Saint-Jean and Estrie.

The latest data on housing is, however, contested by the Corporation of Real Estate Owners of Quebec (CORPIQ). According to this association, the phenomena of fraudulent evictions are anecdotal, and that many repossessions or evictions are made in good faith by the owners.

On the show All one morning, on the airwaves of ICI Première, Véronique Laflamme puts on the table numerous solutions in order to limit fraudulent evictions. According to her, compulsory rent control through a rent register could deter delinquent landlords.

The spokesperson also advocates the creation of affordable housing and the construction of housing outside the private market, such as low-income housing (HLM), across the province. Véronique Laflamme indicates that the share of non-market housing is currently 10%, which is not sufficient in her eyes.

Otherwise, FRAPRU suggests that owners complete the Calculation form from the Administrative Housing Tribunal. This is a form that owners are not required to complete even if they should, judge Véronique Laflamme.

Making this index compulsory would allow for better control, she believes.

Véronique Laflamme finally calls on tenants to be vigilant and to inform themselves of their rights. The spokesperson is saddened to see that many often vulnerable people sign under pressure.

We won’t repeat it enough. You must take all the information before signing anything, inform yourself, find out about your rights, find out about your recourses.

With information from Marie-Isabelle Rochon and the show All one morning

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