Bill 31 Quebec: Tenant Compensation for Repossession and Eviction

What Bill 31 Changed

Bill 31 (Loi modifiant diverses dispositions législatives en matière d'habitation) was assented on February 20, 2024 and took effect the following day. It made three major changes to how landlords end tenancies in Quebec:

1. A new eviction compensation formula tied to the tenant's length of residence
2. The reversed silence presumption for repossession and eviction notices
3. The shifted burden of proof in bad-faith repossession claims

All three apply to any notice served on or after February 21, 2024. Landlords operating under pre-Bill 31 assumptions risk undercompensating tenants, missing filing deadlines, and losing at the TAL.

Eviction Compensation: The New Formula

Before Bill 31, eviction compensation under Article 1959 CCQ was based on older fixed-sum rules. The new formula is:

One month's rent for every year of continuous residence in the dwelling, with a statutory minimum of 3 months' rent and a maximum of 24 months' rent — plus reimbursement of the tenant's reasonable moving expenses supported by receipts.

Examples:

• Tenant with 2 years of residence: minimum 3 months' rent + moving expenses
• Tenant with 8 years of residence: 8 months' rent + moving expenses
• Tenant with 30 years of residence: capped at 24 months' rent + moving expenses

For a tenant paying $1,500/month who has lived in the unit for 10 years, the compensation is $15,000 (10 × $1,500) plus moving costs. This is a significant financial commitment that landlords need to budget for before initiating the eviction process.

Repossession Compensation: Moving Expenses

Repossession under Article 1957 carries a different compensation rule. When it authorizes repossession, the TAL may impose conditions, including payment of an amount equivalent to the tenant's reasonable moving expenses. It may set other conditions it considers just and reasonable.

There is no per-year-of-residence formula for repossession. The compensation is tied to the actual cost of the move, not the duration of the tenancy.

The Reversed Silence Rule

Before Bill 31, if a tenant received a repossession notice and did not respond within one month, their silence was deemed acceptance. The landlord could proceed without a TAL hearing.

Now, silence is deemed refusal for both repossession and eviction notices. If the tenant does not respond within one month of receiving the notice, the landlord must file a TAL application within one month of the silence expiry. Missing this window forfeits repossession rights for that lease cycle.

This change caught many landlords off guard. Anyone relying on pre-2024 guides, forum advice, or property management templates that reference the old silence-equals-acceptance rule is operating under incorrect assumptions.

Burden of Proof

Bill 31 explicitly placed the burden of proof on the landlord in contested repossession and eviction cases. The landlord must demonstrate genuine, good-faith intent to occupy the dwelling (for repossession) or a legitimate project with proper municipal authorization (for eviction).

Before this reform, the evidentiary burden was less clearly defined. Now, showing up at the TAL with a notice and minimal documentation is unlikely to succeed. Landlords need prepared evidence: affidavits, moving plans, change-of-address filings, financial records for family-member repossessions, and — for evictions — municipal permits and project plans.

What This Means in Practice

For landlords planning a repossession or eviction in 2026 and beyond:

• Budget the compensation before serving the notice, not after. For evictions, calculate the tenant's years of residence × monthly rent (minimum 3, maximum 24 months) and add estimated moving costs.
• Assume the tenant will not respond — prepare the TAL application during the one-month response period so you can file immediately when silence is deemed refusal.
• Build your evidence file early — personal affidavit, proof of intent, current living situation, change-of-address arrangements, moving quotes.

The Quebec tenancy notice compliance guide includes a Bill 31 compensation calculator and a TAL document index that organizes every piece of evidence the hearing requires.

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