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What if a Landlord Says They Are Moving You Out for Family Then Doesn't in Ca?

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Repossession is an exception to a tenant's correct to stay in their flat. A landlord can repossess (take dorsum) a rental unit to live there or house a family member.  But the landlord must respect certain rules, and tenants have the right to contest such requests.

What is repossession?

Normally, tenants have the right to stay in their home as long every bit they want. In legal terms, this is called the "right to maintain occupancy". Repossession is one of the few exceptions to this correct.

In general, landlords tin can reclaim a rental unit of measurement to do whatever of these things:

  • live there themselves
  • have their children or parents alive there
  • have whatsoever other relative, or family fellow member by union, live there if the landlord is that person's primary source of support (for case, a mother-in-law or son-in-law)
  • have an ex-spouse (married or ceremonious union) live there after a separation or divorce if the landlord is the spouse's master source of back up

Landlords cannot repossess a rental unit for other reasons unless the tenant agrees to end their charter.

Important: Legally, repossession is different from eviction. Landlords planning sure major projects may be able to evict tenants, just just if the landlord meets specific conditions. For more than information, read our commodity on eviction.

When repossession is not allowed

In some cases, landlords are not allowed to repossess an apartment even if they are doing it for a reason unremarkably permitted by law.

If the landlord is a company

Only a person tin repossess rental housing. If a visitor owns a building, the company's owner cannot repossess an flat in the building.

If at that place are multiple owners

Co-owners of a rental unit cannot reclaim it unless they are partners (mutual-law, married or civil union). For example, if two friends buy a edifice together, neither of them tin reclaim an flat.

If a like unit is available

A landlord cannot repossess an apartment if they own a like apartment that's available on the date of repossession. Rental units are like when

  • the rent is most the same,
  • they are similar in size (square feet and number of rooms), and
  • they are located close to each other.

For example, a landlord cannot take back a 4 1/2 room apartment if there's a similar one available on the same floor of the building. The landlord would have to repossess the available flat.

But the landlord could still accomplish an understanding with the tenant to repossess the tenant's apartment even if a like flat is bachelor.

When a low-income senior lives in the rental unit

A landlord cannot repossess a tenant's dwelling if the tenant, or his or her partner, meets these 3 conditions:

  • is 70 years onetime or over,
  • has lived in the rental unit for 10 years or more,
  • has an annual income that qualifies them for low-rental housing (HLM).

Merely the landlord can repossess a senior's home in some cases. For example, a landlord who is 70 years old or over tin can repossess an flat to live in it fifty-fifty if the tenant meets all the to a higher place weather.

Detect of repossession

The landlord must send a written notice to the tenant to repossess a rental unit. The notice of repossession must contain this information:

  • the date of repossession
  • the proper noun of the person who will live in the apartment and their relationship to the landlord,
  • the section of the Civil Lawmaking of Québec that contains the rules on evicting seniors

The landlord must also respect the following deadlines when sending the observe:

Lease is for over six months

half-dozen months before the end of the lease

Lease is for half dozen months or less

1 month before the end of the lease

Lease has no set length (likewise known as a charter with an indeterminate term)

vi months before the date the landlord wants to repossess the flat

The landlord can apply the model notice of repossession created by the Tribunal administratif du logement (rental board, or TAL).

Important! Landlords do not have to compensate tenants (requite them money) when they accept back their apartment. But the landlord can choose to offer compensation.

If the landlord applies to the TAL to repossess the rental unit, the TAL could order the landlord to pay for things like the tenant's moving expenses.

What are the tenant's options?

The tenant can take or refuse the repossession. The tenant has ane month after receiving the notice of repossession to inform the landlord that they take or turn down. A tenant who does not respond to the notice is legally considered to have refused the repossession.

The tenant and landlord can also negotiate an agreement to end the lease. For example, the agreement might say that the landlord will pay the tenant a sum of money to motility out of the apartment on a specific date.

A tenant refuses. What are the landlord's options?

If the tenant refuses the repossession, or if the tenant and the landlord cannot come to an understanding, the landlord has 2 options:

  • decide non to repossess the apartment
  • employ to the TAL for permission to repossess the apartment

Landlords who desire to reclaim an apartment despite a tenant'due south refusal must get permission from the TAL. The landlord has one calendar month later the tenant refuses repossession to apply to the TAL for permission.

The date the tenant refuses repossession is

  • the appointment the tenant notified the landlord of their refusal, or
  • one month after the landlord sent the detect of repossession if the tenant did not respond to the detect.

Landlords are responsible for applying to the TAL in this situation. The TAL can close a landlord's file if the landlord doesn't follow the right procedures. To learn more about TAL procedures, read our article Hearings at the Tribunal administratif du logement.

The TAL Hearing

At the hearing, the landlord must prove that they desire to repossess the rental unit of measurement for the reason stated in the notice of repossession and non for some other reason. For example, a landlord cannot have dorsum an apartment simply to become rid of a tenant.

If the TAL authorizes the repossession, information technology can also guild the landlord to respect conditions. For example, the TAL can postpone the date the tenant must move out or order the landlord to pay the tenant reasonable moving expenses.

If the TAL refuses the repossession, the tenant tin can stay in their home and the lease continues every bit usual. If the TAL makes this decision after the lease renewal date, the lease is renewed automatically. However, the landlord tin utilize to the TAL for a rent increase within one month of the decision refusing repossession.

If the repossession goes ahead (or doesn't)

If the tenant accepts the repossession, they normally move out on the repossession date mentioned in the notice.

But the repossession date might be afterwards than the date in the find if the tenant and the landlord agree on a dissimilar date or if the TAL sets a different appointment.

Whatever procedures may have taken place, the charter is automatically renewed if the tenant continues to alive in the rental unit of measurement with the landlord's permission afterwards the scheduled date of repossession.

When a landlord acts in bad organized religion

A tenant tin can ask the TAL for compensation if their landlord repossessed their apartment in bad faith. A tenant can inquire for compensation fifty-fifty if they accepted the repossession. Tenants accept 3 years subsequently discovering that their landlord acted in bad organized religion to apply to the TAL for compensation.

Landlords act in bad faith when they reclaim an flat

  • for a reason non allowed by the constabulary,
  • under false pretenses, or
  • to harm a tenant.

It is as well bad faith for a landlord to act in an excessive or unreasonable way.

For example, a landlord has acted in bad faith if they claimed to repossess an apartment to live in information technology themselves but instead rented information technology to some other tenant at a higher rent.

The TAL tin too order landlords to pay punitive damages, which ways actress money as punishment for acting in bad faith.

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Source: https://educaloi.qc.ca/en/capsules/repossession-of-rental-housing/

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