Lease non-renewal in Québec: a complete guide for landlords

Lease non-renewal in Québec is not the automatic right many landlords imagine. Your lease is coming to an end and you want to take back your unit to house a family member, or simply because the landlord-tenant relationship has deteriorated.

However, in Québec, lease non-renewal does not exist in the form people often imagine. The Civil Code provides for the automatic renewal of a residential lease when it expires, except in specific, strictly regulated cases.

Understanding these cases, the notice periods and the procedures before the Tribunal administratif du logement (TAL), Québec’s rental housing tribunal, helps you avoid costly mistakes and proceedings that drag on for months.

Why lease non-renewal in Québec is not an automatic right

The basic principle to know is set out in article 1941 of the Civil Code of Québec. A residential lease renews automatically when it expires, on the same conditions, unless the tenant chooses to leave or the landlord follows a procedure provided for by law.

This rule protects residential stability. A tenant who pays the rent and meets their obligations cannot be pushed out simply because their lease is ending. To take back the unit, the landlord must invoke a specific ground and follow the related steps. No generic notice of non-renewal is valid in itself.

Three main mechanisms allow a landlord to end the rental relationship at the end of the lease or during its term: repossession of the dwelling, eviction for a limited set of reasons and termination for fault. Each follows its own rules.

Admissible grounds for not renewing a lease

Lease non-renewal in Québec actually covers several distinct mechanisms. Before sending anything, identify precisely which mechanism matches your situation. A mistake in characterizing it is enough to have an application dismissed by the TAL.

Repossession of the dwelling

Repossession allows the landlord to occupy the unit themselves or to house an ascendant, a descendant or any other relative or person connected by marriage or civil union of whom they are the main support. It is the most common ground for taking back a unit when a lease ends.

The repossession notice must be in writing and state the planned date of repossession, the name of the person who will occupy the unit and their family relationship. The notice period depends on the term of the lease. For a lease of more than six months, the notice must be sent at least six months before the end of the lease.

Eviction for subdivision, enlargement or change of use

Eviction concerns a physical transformation of the unit, not a simple wish to rent it out again. Subdividing a large unit into two dwellings, substantially enlarging a unit or changing its use, for example into commercial premises, fall into this category.

Important. Since June 6, 2024, the Act to limit lessors’ right of eviction and to enhance the protection of senior lessees (Bill 65) (in French) has imposed a three-year moratorium on this type of eviction. No eviction for subdivision, enlargement or change of use can be ordered until June 6, 2027, except in limited cases. A notice sent during this period will be dismissed.

Planning to repossess a unit? Have our team validate your approach.

Termination for the tenant’s fault

When the lease is ending and the tenant is in serious default, for example several months of rent arrears or repeated disturbances, the landlord can apply to the TAL for termination rather than wait for the expiry date. This route is covered in detail in our guide to evicting a tenant in Québec.

Refusal of a lease modification proposed by the landlord

If the landlord proposes a significant change to the lease, such as a rent increase or a change of term, and the tenant refuses while moving out of the unit, the lease ends at its expiry date. This route cannot be used to remove a tenant who accepts the new conditions or who simply refuses the increase without leaving.

Notices and time limits to respect

When it comes to lease non-renewal in Québec, the requirements are strict. An incomplete or late notice is invalid, even if the ground is legitimate.

Ground invoked	Notice period before the end of the lease	Required form
Repossession (lease of more than 6 months)	6 months	Written, detailed reason
Repossession (lease of 6 months or less)	1 to 2 months	Written, detailed reason
Repossession (lease with no fixed term)	1 to 2 months	Written, detailed reason
Eviction (when permitted after the moratorium)	6 months	Written, reason and new use
Lease modification at renewal	3 to 6 months	Written, conditions specified

For repossession and eviction, the notice must include the planned date, the detailed reason and, in the case of repossession, the identity of the person who will occupy the premises. The tenant then has one month to reply. If they do not reply, they are deemed to have refused the repossession or eviction, which requires the landlord to apply to the TAL.

The procedure when the tenant contests

A tenant who refuses the repossession or eviction forces the landlord to apply to the TAL within one month of the refusal. Without that application, the lease is renewed on the same conditions. This is the step most often lost in a lease non-renewal process in Québec, because the time limit was not respected.

To prepare this type of case properly, the TAL guide for landlords explains how to build your evidence and how the hearing unfolds.

If the repossession is granted but not carried out in good faith, for example if the unit is rented to a third party at a higher rent within six months, the evicted tenant can claim damages and punitive damages. Judgments to this effect at the TAL (in French) are numerous and can amount to several thousand dollars.

Conclusion

Lease non-renewal in Québec is not a right the landlord can exercise freely. It is a regulated procedure that relies on a specific ground, a compliant notice and, if contested, a solid case before the TAL. Repossession, eviction and termination for fault each follow their own rules, and the slightest mistake in characterization or timing can be enough to have the lease renewed.

For landlords who want to take back a unit without getting bogged down in a poorly launched procedure, support from a specialized team turns a risky process into a well-controlled file. Request a quote for managing your leases and disputes.

FAQ

Is lease non-renewal in Québec an automatic right of the landlord?

No. Lease non-renewal in Québec is not a right the landlord can exercise freely, because a residential lease renews automatically when it expires, under article 1941 of the Civil Code. The landlord must invoke a ground provided for by law, such as repossession of the dwelling, a permitted eviction or termination for fault, and respect the time limits and form of the notice. A simple notice of non-renewal without a ground has no legal effect.

How long before the end of the lease must a repossession notice be sent?

For a lease of more than six months, the repossession notice must be sent to the tenant at least six months before the end of the lease. For a lease of six months or less, as well as for a lease with no fixed term, the notice period is one to two months. The notice must be in writing and state the reason, the planned date of repossession and the identity of the person who will occupy the unit, along with their family relationship to the landlord.

What can you do if the tenant refuses the repossession?

If the tenant refuses or does not reply within one month of receiving the notice, they are deemed to refuse. The landlord then has one month to file an application with the Tribunal administratif du logement. Without that application within the prescribed time limit, the lease is automatically renewed on the same conditions. At the hearing, the landlord must demonstrate the good faith of the repossession and the real identity of the intended occupant.