Bill 492 - Repossessing a Dwelling if the Lessee is a Senior
The Quebec National Assembly passed on June 10, 2016, “the Act to Protect Seniors’ Rights” by amending the conditions for repossessing dwellings or evicting lessees under the Civil Code.
The Tribunal administratif du logement wishes to remind the public the main changes contained in the Act concerning the repossession of a dwelling and the eviction of a lessee.
The lessor may not repossess a dwelling or evict a lessee if the lessee or the lessee’s spouse, at the time of repossession or eviction, is 70 years of age or over, has occupied the dwelling for at least 10 years and has income equal to or less than the maximum threshold qualifying the lessee or spouse for a dwelling in low rental housing according to the By-law respecting the allocation of dwellings in low-rental housing.
However, the lessor may repossess the dwelling if:
- the lessor is 70 years of age or over and wishes to repossess the dwelling as a residence for himself;
- the beneficiary of the repossession is 70 years of age or over;
- the lessor is an owner-occupant 70 years of age or over and wishes to have a beneficiary less than 70 years of age reside in the same immovable as himself.
The Société d’habitation du Québec (http://www.habitation.gouv.qc.ca/english/programme/programme/low_rental_ housing.html) shall publish the maximum income thresholds qualifying a lessee for a dwelling inlow-rental housing on its website.