Renting while you're away, then coming back: taking back your home in Québec

Under Québec's Civil Code, a lessor who owns the dwelling "may repossess it as a residence for himself or herself" or for certain family members or former spouses (art. 1957), giving notice at least six months before the expiry of a fixed-term lease, or one month if its term is six months or less (art. 1960). The TAL writes that without an answer within one month, "the lessor can apply to the Tribunal for authorization to repossess the dwelling". Article 1959.1 restricts this right for certain lessees aged 65 or over (length of occupancy and income), and article 1958 for the owner of an undivided share.

Notice periods and the notice: when, and with which document?

Article 1960 provides for notice at least six months before the end of a fixed-term lease of more than six months, one month for a lease of six months or less, and six months before the anticipated date for a lease with an indeterminate term; the TAL publishes the model notice. The deadlines as the TAL presents them ("Repossessing a dwelling", consulted 2026-10-04):

On what the notice contains, the TAL writes (consulted 2026-10-04):

"The owner (lessor) must send the lessee written notice of their intent to repossess the dwelling. The notice must include the following information:

• The anticipated date of repossession (generally the end of the lease)
• The full name of the person who is to live in the dwelling
• The degree of relationship or the bond between this person and the lessor (son, mother, etc.)
• The restrictions or exceptions that apply in certain circumstances where the lessee or their spouse is 65 years of age or over (see the heading When a dwelling cannot be repossessed)."

On how the notice is sent, the TAL adds, in a note on the same page:

"The lessor must use a means by which the date that the lessee was served and received the notice can be proven to the Tribunal. Such means include by bailiff, by registered mail, and in person with a confirmation of receipt."

The TAL's model notices: "The Tribunal administratif du logement suggests that you use its many models of notices." (TAL, "Find a notice model", consulted 2026-10-04)

• Notice of repossession (PDF, TAL)
• Response to a notice of repossession (PDF, TAL)
• All TAL model notices

If the tenant does not answer or objects: what do the law and the TAL say?

Under article 1962, the lessee has one month after receiving the notice to notify the lessor; the TAL writes that without an answer, "the lessor can apply to the Tribunal for authorization to repossess the dwelling".

"Within one month after receiving a notice of repossession or of eviction, the lessee is bound to notify the lessor as to whether or not he intends to comply with the notice; otherwise, he is deemed to have refused to vacate the dwelling." (C.C.Q., art. 1962)

What follows, as the TAL describes it ("Repossessing a dwelling", consulted 2026-10-04):

"If the lessee does not respond to the lessor’s notice of repossession within one month, they are presumed to have refused to vacate the dwelling, at which point the lessor can apply to the Tribunal for authorization to repossess the dwelling. If the lessor does not do so, the lessee can stay in the dwelling."

Under the heading "Deadline to file an application for repossession with the Tribunal administratif du logement", the TAL writes:

• "If the lessee gives written notification of their refusal, the lessor’s application must be filed with the Tribunal administratif du logement within one month of their receiving the refusal."
• "If the lessee does not respond, the application must be filed within one month of the expiry of the deadline for the lessee to respond."

"The lessor has the burden of proving to the Tribunal that they truly intend to repossess the dwelling for the purpose mentioned in the notice and that the repossession is not a pretext for other purposes."

"If the Tribunal authorizes the repossession of the dwelling, it may impose any conditions it considers just and reasonable, including payment of compensation equivalent to the lessee’s moving expenses. The lessee may also apply to the Tribunal to have the repossession take place at a later date."

• The TAL form: Application to repossess a dwelling (TAL page, consulted 2026-10-04).
• Article 1963 of the Civil Code: read the text on LégisQuébec.

Planning your return before you leave: which steps, in which order?

In the order the TAL presents them ("Repossessing a dwelling", consulted 2026-10-04):

1. The lessor's notice of repossession: the periods in the table above (C.C.Q., art. 1960; TAL).
2. The lessee's answer: "Within one month after receiving a notice of repossession" (C.C.Q., art. 1962).
3. The application to the Tribunal, if the lessee does not consent or does not answer. In its table of deadlines, the TAL writes:

   "Within 1 month of the lessee’s refusal or the expiry of the deadline for the lessee to respond"

4. The hearing: see above what the TAL writes on the lessor's burden, and if the lessee does not answer or objects (#if-the-tenant).
5. The date of repossession: the notice indicates "the date fixed for the dwelling to be repossessed" (C.C.Q., art. 1961, para. 1), "generally the end of the lease" (TAL). Article 1961, para. 4, provides for a later date in one specific case (text under "What the law says", #art-1961).

What the law and the TAL write about what happens to the lease:

• Article 1941, para. 1: "A lessee entitled to maintain occupancy and having a lease with a fixed term is entitled by operation of law to its renewal at term." Paragraph 2 deals with the length of the renewal (full text below).
• On the right to maintain occupancy, the TAL writes: "That right is recognized by the Civil Code of Québec […] The lessee cannot waive it in advance (for example, with a clause in the lease)." (TAL, "Changing a condition of the lease", consulted 2026-10-04)
• "If the dwelling is not repossessed on the anticipated date and the lessee continues to occupy the dwelling with the lessor’s consent, the lease is automatically renewed." (TAL, "Repossessing a dwelling", consulted 2026-10-04)
• "If the lessor wants to rent the dwelling out again or use it for a purpose other than that which led to the repossession, regardless of how many months or years have passed, they must apply for authorization from the Tribunal, which, if it grants authorization, will then fix the new rent." (same page)

The limits: which articles restrict repossession?

The Civil Code sets several, including article 1958 (owner of an undivided share), article 1959.1 (certain lessees aged 65 or over, depending on length of occupancy and income) and article 1964 (another dwelling of the lessor, vacant or offered for rent); the TAL also describes acquired rights and the case of conversion to divided co-ownership.

Among the limits in the Civil Code, article 1958 is reproduced here as written (LégisQuébec, consulted 2026-10-04); articles 1959.1 and 1964 are under "What the law says".

"The owner of an undivided share of an immovable may not repossess any dwelling in the immovable unless the only other owner is his or her spouse." (C.C.Q., art. 1958)

On the same rule, the TAL writes ("Repossessing a dwelling", consulted 2026-10-04):

"A building is considered to be held in “undivided co ownership” if it belongs to two or more people who each own an undivided (undefined) share of the whole building."

"The word “spouse” means a married or civil union spouse. Co-owners who are de facto spouses can also repossess a dwelling." (TAL, note 1 on the same page)

"In any other case, undivided co-owners cannot repossess a dwelling, except for the two exceptions mentioned at the end of this section."

Those exceptions: "Building purchased before 1988: acquired rights". On the same page, the TAL also covers "Repossession and divided co-ownership (condos)" and the case where "one of the lessor’s other dwellings becomes available".

What the law says

Civil Code of Québec, on LégisQuébec (English version, page header « À jour au 12 août 2026 »), consulted 2026-10-04.

Article 1936 · LégisQuébec

"Every lessee has a personal right to maintain occupancy; he may not be evicted from the leased dwelling, except in the cases provided for by law."

Article 1941 · LégisQuébec

"A lessee entitled to maintain occupancy and having a lease with a fixed term is entitled by operation of law to its renewal at term.

The lease is renewed at term on the same conditions and for the same term or, if the term of the initial lease exceeds 12 months, for a term of 12 months. The parties may, however, agree on a different renewal term."

Article 1957 · LégisQuébec

"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."

Article 1958 · LégisQuébec · text quoted under "The limits" (art. 1958).

Article 1959.1 · LégisQuébec · history: "2016, c. 21, s. 1; 2024, c. 23, s. 5." · version in force since 2024-06-06 (versions of the provision, LégisQuébec, consulted 2026-10-04).

"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 65 years of age or over, has occupied the dwelling for at least 10 years and has income equal to or less than 125% of the maximum income 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 (chapter S-8, r. 1).

However, the lessor may repossess the dwelling if

(1) the lessor is 65 years of age or over and wishes to repossess the dwelling as a residence for himself;

(2) the beneficiary of the repossession is 65 years of age or over;

(3) the lessor is an owner-occupant 65 years of age or over and wishes to have a beneficiary less than 65 years of age reside in the same immovable as himself.

The Société d’habitation du Québec shall publish the maximum income thresholds qualifying a lessee for a dwelling in low-rental housing on its website."

The TAL writes, on the page "Repossessing a dwelling" (consulted 2026-10-04): "On June 6, 2024, article 1959.1 of the Civil Code of Québec was amended." The TAL describes the cases in which the earlier criteria continue to apply: the TAL's note, under "When a dwelling cannot be repossessed".

Article 1960 · LégisQuébec

"A lessor wishing to repossess a dwelling or to evict a lessee shall notify him at least six months before the expiry of the lease in the case of a lease with a fixed term; if the term of the lease is six months or less, the notice is of one month.

In the case of a lease with an indeterminate term, the notice shall be given six months before the date of repossession or eviction."

Article 1961 · LégisQuébec · paragraphs 1, 3 (first sentence) and 4; paragraph 2 and the rest of paragraph 3 deal with a notice of eviction.

"In a notice of repossession, the date fixed for the dwelling to be repossessed, the name of the beneficiary and, where applicable, the degree of relationship or the bond between the beneficiary and the lessor shall be indicated.

[…]

These notices shall reproduce the content of article 1959.1. […]

Repossession or eviction may take effect after the date set forth in the notice, upon application by the lessee and with the authorization of the court."

Article 1962 · LégisQuébec · text quoted above (art. 1962).

Article 1964 · LégisQuébec

"The lessor may not, without the consent of the lessee, avail himself of the right to repossess the dwelling where he owns another dwelling that is vacant or offered for rent on the date fixed for repossession, and that is of the same type as that occupied by the lessee, situated in the same neighbourhood and at equivalent rent."

Article 1979, paragraph 3 · LégisQuébec · paragraphs 1 and 2 deal with a person pursuing studies.

"A person having a lease for the summer period only is not entitled to maintain occupancy."

Tribunal administratif du logement, consulted 2026-10-04:

• Repossessing a dwelling (EN)
• Reprise de logement (FR)
• Changing a condition of the lease
• Find a notice model
• Application to repossess a dwelling