Selling a Rental Property with a Tenant in Quebec: Notice Requirements

The Sale Does Not End the Lease

This is the rule that surprises nearly every Quebec landlord selling a tenanted property: a completed sale does not terminate the residential lease. The buyer inherits the tenant and the lease on its existing terms. There is no "change of ownership" termination right in Quebec.

The Civil Code of Québec is explicit on this point. When a property changes hands, the new owner steps into the old owner's shoes as landlord. The tenant stays, the rent stays, and every obligation under the lease transfers to the buyer.

Who Can Issue a Repossession Notice — Seller or Buyer?

Only the current owner can issue a repossession notice. This creates a timing problem that catches real estate transactions off guard.

The seller can issue a repossession notice before selling — but only if the seller personally intends to repossess (which makes no sense if they are selling). A seller cannot file a repossession notice on behalf of the buyer.

The buyer can issue a repossession notice once the sale is finalized; a promise to purchase alone is not enough. The buyer must personally give the notice.

The Timeline Trap for Buyers

For a standard 12-month lease running July 1 to June 30, the repossession notice must reach the tenant six months before lease expiry — by December 31.

Here is where it falls apart: a buyer who closes on a duplex in January or February discovers they are legally barred from repossessing for that June 30 cycle. The six-month notice deadline has already passed. The lease renews for another year, and the earliest possible repossession is the following July.

Practical example:

• Buyer closes on a Montreal duplex on February 15, 2027
• The tenant's lease runs until June 30, 2027
• The six-month notice deadline was December 31, 2026 — six weeks before the buyer even owned the property
• The lease renews to June 30, 2028
• The buyer can serve a repossession notice for June 30, 2028, but must do so by December 31, 2027

Buyers planning to occupy a unit in a plex they are purchasing need to synchronize the closing date with the lease cycle. If the purchase closes after the notice deadline, they face at least a year before they can begin the repossession process.

What Sellers Need to Disclose

Quebec real estate law requires the seller to disclose the existence of all leases and their terms. The buyer should review every active lease before completing the purchase, paying specific attention to:

• Lease term and renewal date — this determines the notice deadline
• Protected tenant status — if the tenant or their spouse is 65 or older, has lived in the dwelling for at least 10 years, and has income at or below 125% of the maximum HLM income threshold, repossession may be barred unless a statutory exception applies
• Lease assignment restrictions — the tenant may have rights under Bill 31 regarding lease assignments

Plex Purchases and Multi-Unit Buildings

Duplex, triplex, and small plex buyers often purchase with the intention of living in one unit. An owner may repossess one dwelling in the building for themselves or a qualifying beneficiary; the beneficiary must meet the statutory eligibility rules.

The buyer must also check whether they hold the property through a corporation. If the purchase was structured through an Inc. or holding company for tax purposes, repossession for personal use is not available. Only individual natural persons can repossess.

Coordinating the Sale and the Notice

The cleanest approach is to close the purchase early enough to serve the repossession notice within the statutory window. For a July 1 lease, that means closing before late December of the prior year. Real estate brokers in Quebec are generally aware of this constraint, but the buyer ultimately bears the legal responsibility.

The Quebec tenancy notice guide includes a deadline calculator that maps the notice window from any lease term and closing date, so buyers and sellers can identify the timeline before the transaction finalizes.

See more Quebec guides →