Québec's New Three-Year Evictions Moratorium

In response to the ongoing housing crisis, the government of Québec has introduced a three-year moratorium on evictions, which will be applied retroactively to notices sent after May 22, 2024. A moratorium is a temporary suspension of an activity or law until future consideration warrants lifting the suspension. In this case, the moratorium notably modifies the Civil Code of Québec by creating temporary halt on eviction processes. This measure aims to provide relief to tenants facing housing instability.

Key Aspects of the New Law

The moratorium specifically targets evictions intended for:

• Changing the use of a housing unit;

• Subdividing a housing unit; OR

• Substantially expanding a housing unit

This means that, legally, tenants will not have to worry about landlords forcing them out of their homes due to changes in the property’s use, subdivision, or expansion. For example, if a landlord wants to merge two small 3 1/2 apartments into a larger unit, they cannot evict the tenants currently living in those apartments for this purpose.

Additionally, "renovictions"—evictions under the pretext of renovations—are and remain illegal. Landlords cannot evict tenants by claiming they need to perform simple renovations.

Expanded Protections for Seniors

The law also provides enhanced protections for low-income seniors, ensuring they are protected from eviction. This is accomplished by broadening the cumulative conditions that must be met for eviction protection. Specifically, all three of the following conditions must be met:

• Age Requirement: The age requirement for protection against eviction or repossession is lowered from 70 to 65 years or older;

• Income Limit: The income limit for eligibility is raised to 125% of the maximum income allowed for affordable housing. By way of example, in Montreal, a person living by themselves must make less than 38k yearly to be admissible for affordable housing; AND

• Residency Requirement: Tenants must have lived in their current residence for at least 10 years.

These changes ensure that more senior tenants, especially those with low incomes, can benefit from eviction protections, allowing them to remain in their homes without the fear of being displaced due to age or income constraints.

Compensation

A tenant evicted despite the new provisions is entitled to reasonable moving expenses and compensation equivalent to one month's rent for each year of uninterrupted rental of the dwelling by the tenant, which cannot, however, exceed an amount representing 24 months of rent nor be less than an amount representing 3 months of rent. If the tenant considers that the damage they suffer justifies higher compensation, they can apply to the court to have the amount determined.

Responsibilities of Landlords

For landlords, this moratorium requires careful consideration of their plans for property development and renovations. However, landlords retain the right to reclaim a property for personal use, such as housing a family member, provided they can justify the need.