Your tenant does not want to leave anymore: Use the eviction of an occupant without right
Montreal, June 25, 2015 --- The Association of Quebec Landlords (APQ) reminds you that the tenant who has notified his departure must move out on the last day of his lease, i.e. on June 30th for all leases ending on the 30th of June.
“There are only a few days left for rental property owners before the big moving day. One last tip: go see your tenants, if it is not already done, and ask them about the time of their moving to their new place. You can be sure that your tenants prepare their moving well,” says the APQ.
One of the worst situations that can happen on the 1st of July, or at any end date of the lease, is that the tenant decides to stay in the dwelling. Your former tenant, “theoretically”, does not want to leave anymore and your new tenant is at the front door. If you are unable to make him understand reason, you will need to open a file at the Régie du logement for “Eviction of an occupant without right.” This request is given priority.
What is an eviction of an occupant without right?
Section 1889 of the Civil Code of Quebec stipulates that: “The landlord of a dwelling may obtain the eviction of the tenant who continues to occupy the leased premises after the lease ends or after the date agreed upon in the lease for the surrender of the premises.”
It is therefore necessary that there be an end of the lease, or a non-renewal or termination agreement. The eviction is done by a bailiff, with leave of the Court, so you have to obtain a judgement.
According to the latest available report of the Rental Board 2013-2014: Expulsions after lease maturity are rising:
2010-2011: 356 files
2011-2012: 385 files
2012-2013: 376 files
2013-2014: 401 files
Radio APQ from 25 June until 1 July 2015
At noon, on this Thursday, the 25th of June 2015, on radio APQ at www.apq.org/radio, our spokesman and presentator Martin Messier will explain the procedure to follow in such an unfortunate situation.
A difficult situation, indeed, because, beside having to take this initiative to expell the former tenant, you will have to relocate your new tenant temporarily and provide storage for his belongings, all of this at the expense of the former tenant.
«We want to help the owners dealing with such dramatic situations, which are unfortunate for them as well as for the new tenants. It is for that reason that we put our expertise at the service of the latter.»
«In order to be informed and react to any unforeseen situation the APQ invites you to listen to our live broadcast at noon for a duration of 30 minutes. You will learn everything about recourse for a quick eviction at the Palais de Justice, prior notification of 48 hours by the bailiff, assistance from the bailiffs, policemen and moving companies,» adds the APQ.
Send all your questions to our Facebook page at https://www.facebook.com/apquebec, to our Twitter account at http://twitter.com/apquebec or by e-mail at email@example.com, so that they may be answered in real time!
In conclusion, the Association of Quebec Landlords (APQ) reminds you that it is holding an Open Door Day on Tuesday, June 30, 2015. Whether you are a member or not, come and meet one of our legal advisers from 9.00 a.m. until 5.00 p.m. With a good cup of coffee you will be able to receive the answers to all your questions!
Founded in 1984, the Association of Quebec Landlords (APQ) is the most important association to offer services to the owners of rental dwellings while being present in all regions of Quebec.