MONTREAL, Oct. 4 /CNW Telbec/ - The Régie du logement would like to
remind everyone of the main legal provisions pertaining to the change of
destination of a residential dwelling.
The landlord of a dwelling may evict the tenant to change the destination
of the dwelling. He must then give a written notice to the tenant of his
intention to change the destination of the dwelling, within the following time
- at least six months before the expiry of the lease, if the term of the
lease is greater than six months;
- at least six months before the date on which he wishes to change the
destination of the dwelling, if the term of the lease is indeterminate;
- at least one month before the expiry of the lease, if the term of the
lease is six months or less.
For instance, for a one-year lease expiring on June 30, 2007, the lessor
must notify the tenant no later than December 31, 2008.
The notice must indicate the purpose of the eviction and its intended
date. The notice has to be clear enough so that the tenant will easily be able
to comprehend the lessor's intention and the consequences for him.
Be aware, that the procedure in that matter is the opposite of the one
used when a tenant receives a notice of repossession. In a case of a change of
the destination of a dwelling, it is the tenant who objects to his eviction
that has to apply to the Régie du logement within one month of the reception
of the notice. If the tenant does not object to the Régie du logement, he must
vacate the dwelling at the date indicated in the notice.
Where an objection is brought to the Régie du logement by the tenant, the
burden is on the landlord to show that he truly intends to change the
destination of the dwelling and that it is permitted to do so by law. Upon the
application of the tenant, the Régie du logement may authorize eviction to
take effect on a later date than the one mentioned in the notice.
Contrarily to the repossession of a dwelling by the landlord, in a case
of change of destination of a dwelling the law fixes the indemnity paid by the
lessor to the tenant. The landlord shall pay an indemnity equal to three
months' rent and reasonable moving expenses to the evicted tenant. If the
tenant considers that the prejudice he sustains warrants a greater amount of
damages, he may apply to the court for the fixing of the amount of the
indemnity. The indemnity is payable at the expiry of the lease; the moving
expenses are payable on presentation of vouchers.
For more information, consult the Régie du logement's Website at
www.rdl.gouv.qc.ca . You can also phone the Régie du logement:
Montréal, Laval and Longueuil areas: (514) 873-2245
Other areas: 1 800 683-2245
For further information:
For further information: Jean-Pierre Le Blanc, Communications, (514)