Quebec Eviction for Demolition: Rules and Municipal Permit Requirements

Demolition remains a possible eviction route during the Bill 65 moratorium. While evictions for subdivision, substantial enlargement, and change of destination are suspended through June 6, 2027, demolition follows sections 32–35 of the Act respecting the Administrative Housing Tribunal (CQLR, c. T-15.01) and applicable municipal requirements.

The Municipal Permit Comes First

Contact the municipality first to determine whether its bylaws require demolition authorization. If authorization is required, obtain it before applying to the TAL; it does not itself end the lease. The landlord must serve the written eviction notice within the statutory window, and the tenant has one month to apply to the TAL for a decision on the demolition.

Obtaining the permit varies by municipality, and two cities impose particularly rigorous procedures.

Montreal Demolition Rules

In Montreal, the borough handles demolition authorization. Applications subject to committee review go through the borough's Demolition Committee (Comité d'étude des demandes d'autorisation de démolition). That process includes:

• A formal application to the borough with architectural plans and project justification
• A public consultation period where tenants and neighbours can raise objections
• A committee hearing that evaluates the project's merit, the building's condition, heritage value, and impact on the local rental housing supply
• A written decision authorising or refusing the demolition

Heritage buildings face additional scrutiny under municipal bylaws. If the building is designated or sits within a heritage zone, demolition may require approval from the Conseil du patrimoine de Montréal. These applications can take months, and refusal rates are significant for buildings in good structural condition.

Quebec City Demolition Rules

Quebec City handles demolition applications through its urban planning department (Service de l'aménagement et du développement urbain). R.V.Q. 3117 governs demolition of heritage buildings; R.V.Q. 2860 concerns conversion of rental housing to divided co-ownership, not demolition. The procedural steps and timelines follow Quebec City's own rules.

After the Permit: Serving the Eviction Notice

Once any required municipal authorization is in place, serve a written demolition eviction notice on each tenant. It must state the reason and date of eviction. The notice periods are:

• Fixed-term lease of more than six months: six months before the lease expiry date
• Fixed-term lease of six months or less: one month before expiry
• Indefinite lease: six months before the intended eviction date

The legal ground is demolition under section 33 of the Act respecting the Administrative Housing Tribunal. The notice must state the reason and date of eviction.

Compensation Under Bill 31

Demolition evictions trigger the Bill 31 compensation formula:

• One month's rent per year of continuous residence in the dwelling
• Minimum three months' rent regardless of how short the tenancy
• Maximum 24 months' rent as the statutory ceiling
• Reasonable moving expenses supported by receipts or professional estimates

These amounts are mandatory. Unless the TAL decides otherwise, the indemnity is payable when the lease expires; moving expenses are payable upon presentation of receipts.

Tenant Response and TAL Process

The tenant has one month after receiving the notice to apply to the TAL for a decision on the demolition. If the tenant does not apply within that month, they are deemed to have agreed to vacate on the date in the notice. If the tenant applies, the TAL considers whether demolition is advisable in the public interest and the interests of the parties.

If the tenant applies, present the municipal authorization if required, proof of notice service, evidence supporting the demolition, and your compensation calculation. The TAL applies the statutory public-interest and parties'-interest criteria.

The Practical Reality

Demolition evictions are expensive, slow, and heavily scrutinised. Between municipal permit fees, tenant compensation for every unit in the building, moving expenses, legal costs, and the construction project itself, the financial commitment is substantial. Most landlords pursuing demolition are planning large redevelopment projects where the cost is justified by the scale of the new construction.

For individual landlords dealing with a single property in poor condition, the economics rarely support demolition. Alternative routes — selling the property, negotiating mutual termination agreements, or pursuing resiliation for breach — may be more practical depending on the circumstances.

The Quebec Tenancy Notice Guide compares every available ending route with its requirements, costs, and timelines.

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