Your lawyers representing landlords or tenants in repossession of dwelling cases in Greater Montreal Metropolitan Area: Montreal, Laval, Longueuil, Brossard
SDN Légal Inc. is a law firm located in the Greater Montreal area that represents clients before the Tribunal administratif du logement in various cases involving disputes between landlords and tenants (lessors and lessees), including repossession cases.
We have experience representing landlords and tenants:
If you own a rental property and wish to reclaim your apartment for yourself or your relatives, contact us now by filling out our online form or calling us at (514) 600-6025. Our experienced lawyers will assist you with your steps to help you reclaim your property while complying with legal procedures.
If you are a tenant and your landlord has sent you a notice of repossession, don’t hesitate to contact our housing law attorneys. Legal assistance can make all the difference, especially if the landlord is trying to misuse the repossession process in bad faith to evict you. It is possible to block the repossession if the landlord has made procedural errors, such as not complying with the legal deadlines.
Call us now at (514) 600-6026 to schedule an appointment with one of our lawyers.
In Quebec, as a general rule, the law allows a tenant to remain in their rental unit as long as they wish, provided they comply with the terms of their lease and do not cause abnormal disturbances to the neighbours. A fixed-term lease is automatically renewed for the next term. This tenant's right to remain in the rental unit is known as the "right to maintain occupancy."
However, this right is not absolute. One exception is the landlord’s right to repossess the dwelling for themselves or for certain family members. The right of repossession belongs to the landlord who wishes to reclaim the dwelling to live in it or to house their parents, children, or to live there themselves.
Why should I hire a lawyer specializing in housing law for my repossession case?
You need a housing law attorney because the repossession process involves several complexities and issues:
-
Complex procedure
-
Strict deadlines
-
Serious consequences in the event of an unfavourable judgment
What can we do for our clients in a repossession case?
Services for owners/landlords:
-
Explain the procedure
-
Prepare the case with you
-
Send the repossession notice
-
Manage the response or lack of response
-
Initiate proceedings at the TAL (Tribunal administratif du logement)
-
Represent you at the TAL
Services for tenants:
-
Verify if the landlord followed proper repossession procedures
-
Ensure the landlord respected deadlines
-
Check the eligibility of the landlord(s)
-
Analyze the case and develop a defense strategy
-
Represent you at the TAL
Contact our lawyers, seasoned litigators who, with their humane approach, will guide you, advise you, and above all, ensure the respect of your rights. You can reach us at (514) 600-6025.
Call us right now!
THREE REASONS TO WORK WITH US:
FAST SERVICE
COMPETITIVE PRICE
PERSONALIZED APPROACH
Frequently Asked Questions about
Repossession of a Dwelling
How do I repossess my dwelling? The repossession procedure is outlined in the Civil Code of Quebec. It includes the following steps: (1) Sending the notice of repossession to the tenant; (2) Response or lack of response from the tenant; (3) Filing the repossession application with the Tribunal administratif du logement (TAL) in case of tenant refusal or no response; (4) Hearing at the TAL; (5) Voluntary or forced execution of the TAL's decision (eviction of the tenant).
Who can the owner repossess the dwelling for? The owner can repossess their rental unit to live in it themselves, to house their parents, children, or any other relative or in-law for whom they are the main support. They may also repossess the unit to house a spouse they continue to support after legal separation, divorce, or dissolution of a civil union.
Who is the best housing lawyer to represent me before the Rental Board (Tribunal administratif du logement, TAL)? The best housing lawyer is one who combines experience and expertise in this specific area of law. An excellent lawyer will listen to their clients, offer a personalized approach tailored to each situation, provide appropriate legal advice, and ensure effective defense of the client's interests. With a thorough understanding of housing law and procedures before the Tribunal administratif du logement, this lawyer will do everything possible to achieve a favorable outcome for their client.
What are the deadlines for a repossession?
Owners and tenants often ask questions like: "What is the deadline for a landlord to reclaim their property?" "When can a landlord repossess their unit?" "What deadlines must be met in a repossession?" "When can a landlord evict a tenant in Quebec?" These are common inquiries.
The deadlines for repossession cases are critical. Failure to meet these deadlines can easily result in the repossession request being rejected. There is no one-size-fits-all answer, as it depends on the length of your lease. If your lease is for more than six months, you must give notice at least six months before the end of the lease. For an indefinite-term lease, notice must be given at least six months before the intended repossession date. If your lease is six months or less, notice must be given at least one month before the end of the lease. If the notice is sent too early or too late, your request will be rejected by the Tribunal administratif du logement.
The tenant has one month to respond. If there is no response, the tenant is deemed to have refused to leave the dwelling. If the tenant refuses or does not respond, the landlord must file their repossession request within one month of the date of refusal (real or presumed).
Can a landlord repossess multiple units? Yes, in certain situations, a landlord may repossess multiple units
How can a new owner terminate a lease to move in?
There are different options for new owners. First, you can start the repossession process with the help of one of our attorneys. Depending on the purchase date of the property and the lease end date, this process can take between six months (for example, purchasing on December 31 and the lease ends on June 30) and a year and a half (for example, purchasing on January 1 and the lease ends on June 30).
If you wish to reclaim your unit sooner, you can consider negotiating a lease termination with the tenant's consent, possibly by offering an agreed-upon compensation. In some special cases, other options may also exist (e.g., an eviction request for la rent payment delay of three weeks or more).
Contact us
Our adresse
1980, Sherbrooke Street West, suite 410, Montreal (QC) H3H 1E8
Email: info@sdnlegal.ca
Phone: +1 (514) 600-6025
Fax: +1 (514) 900-3834
