Quebec Landlord Repossession for Personal Use or a Family Member

Who Can Be the Beneficiary of a Repossession

Under Articles 1957–1958 of the Civil Code of Québec, a landlord can repossess a dwelling for themselves or for a strictly limited list of family members. The law names:

• The landlord personally — to use the dwelling as their principal residence
• A parent — the landlord's mother or father (first-degree ascendant)
• A child — the landlord's son or daughter (first-degree descendant)
• A dependent relative or person connected by marriage or civil union — someone for whom the landlord is the main source of financial or moral support
• A former spouse — only if the landlord remains their main source of financial or moral support after legal separation, divorce, or dissolution of a civil union

The dependent-relative category covers other relatives and people connected by marriage or civil union when the landlord is their main source of support; former spouses have the separate rule above.

Who Does Not Qualify

The restrictions are strict. The following do not meet the eligibility criteria for repossession, unless the main-support dependency test is satisfied:

• Siblings (brothers, sisters)
• Nieces and nephews
• Aunts and uncles
• Grandchildren (unless the landlord is their primary financial or moral support)
• Friends
• Business partners

Landlords who name an ineligible beneficiary on their repossession notice risk having the notice thrown out at the TAL, which forces the lease to renew.

Proving the Need Is Genuine

The TAL does not take repossession claims at face value. Bill 31 placed the burden of proof on the landlord to demonstrate good faith and legitimate intent. The tribunal will want to see evidence that the named beneficiary actually plans to occupy the dwelling.

For personal use by the landlord:

• Current living situation: are you renting elsewhere, selling your current home, or living in unsuitable conditions?
• Proximity to work or family: does moving into this specific unit make practical sense?
• Documentation: change of address filings, moving quotes, utility transfer arrangements

For a family member:

• The family member's current situation: where do they live now, and why do they need this unit?
• The relationship: proof that the person is a parent, child, dependent relative, person connected by marriage or civil union, or qualifying former spouse
• For dependent relatives: financial records showing the landlord provides the main support — pay slips, transfer records, tax declarations

The Alternative-Dwelling Rule

After you issue a notice, if another dwelling you own becomes vacant or available on the anticipated repossession date, and it is of the same type, at an equivalent rent, and in the same neighbourhood, you must occupy that dwelling instead of continuing the repossession process, unless the tenant agrees otherwise. The TAL checks this.

For example, if you own a triplex and another comparable unit will be available on the anticipated repossession date, the TAL's rule may require you to occupy that unit instead of continuing to repossess the occupied one.

Personal Use Must Be Genuine and Sustained

After the TAL grants repossession and the tenant vacates, Article 1970 CCQ prohibits the landlord from re-letting the unit or converting it to another use without explicit TAL authorization. The landlord or their family member must actually move in.

A landlord who repossesses for "personal use" and then lists the unit for rent at a higher price faces a bad-faith civil action with actual, moral, and punitive damages. The tenant has three years from the date they discover the bad faith to file a claim.

The Process from Start to Finish

Personal-use repossession follows the same procedural steps as any repossession: serve the TAL's current notice model, Form TAL-809A-E, within the statutory notice period, wait for the tenant's response (silence counts as refusal under Bill 31), file with the TAL within one month if refused, and demonstrate your genuine intent at the hearing.

For a structured walkthrough of each step — including the beneficiary eligibility check, the notice form, and the evidence the TAL expects — the Quebec repossession guide maps the entire personal-use repossession process from ownership verification through move-in.

See more Quebec guides →