Article 1957 CCQ: Quebec Repossession Rules Under the Civil Code

Article 1957 of the Civil Code of Québec is the single provision that gives a landlord the right to take back a residential dwelling for personal use. Every repossession notice, every TAL hearing, and every bad-faith challenge traces back to what this article permits and what it does not.

What Article 1957 Says

The provision is narrow by design. It allows a landlord who is a natural person — not a corporation or other legal person — to repossess a dwelling to occupy it as a residence, or to lodge a specific set of beneficiaries. Those beneficiaries are:

• The landlord's parent (father or mother)
• The landlord's child (son or daughter)
• Any other relative or person connected by marriage or civil union for whom the landlord is the principal source of support
• A spouse for whom the landlord remains the principal source of support after separation, divorce, or dissolution of a civil union

That last category is where most confusion arises. A sibling, nephew, or in-law may qualify if the landlord is their principal source of support. A friend or business associate does not qualify merely because the landlord supports them.

Article 1958: The Undivided Co-Ownership Restriction

Article 1958 adds a critical limitation. An undivided co-owner (copropriétaire indivis) cannot repossess a dwelling unless the only other co-owner is their spouse. If you and a business partner, a sibling, or any non-spouse jointly own a building in undivided co-ownership, neither of you can repossess any unit in it.

The TAL notes that owners of buildings purchased before July 15, 1988 may have acquired rights under earlier rules; contact the TAL about those properties.

This catches family properties frequently. Two siblings who inherited a triplex together cannot use repossession to move into one of the units. Their options are limited to routes that do not require personal occupancy — eviction for major work (currently under moratorium), résiliation for breach, or mutual termination.

How the TAL Applies Article 1957 in Practice

The statutory text grants the right. The TAL decides whether you have exercised it in good faith. Since Bill 31 (February 2024), the burden of proof rests explicitly on the landlord. At a hearing, you must demonstrate:

Genuine intent to occupy. The TAL expects concrete evidence: that you have sold or plan to leave your current residence, that the dwelling suits your actual needs, that the timeline makes sense. Vague statements about "wanting to live closer to work" without supporting documentation are insufficient.

No comparable vacant unit. If you own multiple dwellings in the same building or portfolio and another dwelling of comparable size and condition is vacant or becoming vacant on the same date, you must offer that alternative to the tenant rather than repossessing theirs.

Legitimate beneficiary relationship. When repossessing for a family member, bring proof: birth certificates, evidence of the relationship, and documentation of the beneficiary's housing need. The TAL verifies that the stated beneficiary actually exists and actually needs the dwelling.

Post-Repossession Obligations

Article 1970 C.c.Q. governs what happens after repossession. The repossessed dwelling cannot be re-rented or converted to another use without TAL authorisation. If the TAL permits re-letting, it sets the new rent. A landlord who repossesses and then lists the unit at market rent without TAL approval has committed bad faith — exposing themselves to civil and punitive damages within a three-year window.

The Practical Framework

Article 1957 gives you the legal ground. The rest — notice forms, deadlines, proof of service, tenant response rules, TAL filing — is the procedural framework built around it. The Quebec Tenancy Notice Guide turns the statutory requirements into a step-by-step process you can follow from notice to hearing.

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